The safety baseline (and why it matters in litigation)

• OSHA 29 CFR 1910.178 governs design, maintenance, and use of PITs, including operator training, daily examinations, travel practices, dock safety, and more. It’s your primary regulatory framework.
• Operator training/certification is mandatory; employers must ensure competency and document training and evaluation. Failures here are common and discoverable.
• Daily/shift inspections are required; defects must be reported and corrected before the truck is placed in service. Gaps in checklists and repairs often prove systemic negligence.
• Securing trailers at docks (brakes set and wheel chocks) is expressly required when loading/unloading. Trailer roll-away and separation events frequently trace back to basic noncompliance.
• Hazard locations and truck “type” designations (D, E, EE, EX, LP, etc.) must match the environment (e.g., flammable vapors). Mismatches support negligent operations claims.
• Consensus standards:
  • ANSI/ITSDF B56.1 (low and high lift trucks) addresses design, operation, and maintenance expectations used by experts and courts as evidence of industry consensus.
  • NFPA 505 addresses fire/explosion hazards and appropriate truck classifications by area—useful in hazardous location claims.

Catastrophic injury patterns you’ll see again and again

1. Tip-overs (lateral or longitudinal), often with the operator crushed after jumping – the leading cause of forklift fatalities. Contributing factors: speed, turning with an elevated load, off-center loads, poor surfaces, or ramps.
2. Pedestrian struck-by/pin-between incidents in mixed traffic areas with blind corners, narrow aisles, or obstructed views. (BLS trend data also highlight frequent struck-by and falling-object deaths.)
3. Falls from elevated forks/work platforms (improper work platforms, lack of fall protection, or bypassed interlocks).
4. Dock run-offs/vehicle separation during loading and unloading.
5. Load drop/overturning loads due to capacity, center of gravity, or attachment errors.
6. CO exposure or battery-charging hazards in poorly ventilated areas.

Evidence to preserve in the first 14 days

Vehicles & equipment

• Make/model/SN; hours; attached implements; rated capacity + load center; condition of seat belt/restraint, overhead guard, load backrest, tires, steering, brakes, lights, horns. Photograph the belt buckle (locking function), alarm indicators, and any taped-over sensors.

Records & data

• Operator training/certification files; evaluation records; refresher training triggers (near-misses, collisions, assignment changes).
• Pre-shift/daily inspection checklists; work orders; out-of-service tags; maintenance/vendor logs.
• Dock safety policies and compliance records (wheel chock policies, vehicle restraints, communication lights).
• CCTV/video and forklift-mounted camera feeds; warehouse maps; traffic management plans; pedestrian aisle markings.
• ESI/telematics: Many fleets use systems that log impacts, access control (operator log-ins), speed settings, and utilization. Request raw data and admin dashboards.

Scene documentation

• Aisle width, turning radii, grade/ramps, floor conditions, lighting, mirror placement, signage; sightline photos at operator eye level (seated and standing).
• Dock alignment; restraint status; wheel chock placement; plate/leveler position.

Witness questions that surface systemic failures

Operator

• Training received on this truck/attachment? Frequency of refresher? Any prior near-misses or impacts? (Check against telematics.)
• Seat belt and restraint usage culture. Were interlocks present or alarms disabled?
• Typical travel speed; horn use at cross-aisles; visibility with the last load.

Supervisor/Safety manager

• Who verifies daily inspections and pulls defective trucks from service? Turnaround time for repairs?
• How are pedestrians separated from PIT traffic? Blind-corner controls (mirrors, convex mirrors, mirrors’ condition), speed limits, and enforcement.
• Dock securing procedures and audits; any prior trailer movement events.

Third parties

• Staffing agency training and assignment controls.
• Service/maintenance vendor response times, parts quality, and whether safety-critical defects were deferred.
• Property owner/host employer control over traffic plans, signage, and dock equipment – key for multi-employer exposure.

Liability theories & common defendants

• Employer/host employer: negligent training, supervision, and traffic management; failure to secure docks; use of improper truck type in hazardous locations.
• Staffing agency: negligent placement/training of operators.
• Premises owner/GC: inadequate pedestrian controls, poor lighting, unsafe layouts; multi-employer doctrine (creating/controlling/correcting employers may be cited).
• Product liability: design/warning defects (stability, visibility, restraint systems, optional speed limiting/zone control); inadequate instructions.
• Maintenance/vendor negligence: failure to correct known brake/steering/steer-axle/chain defects or to keep restraint systems operable.

Expert team that moves the needle

• Accident reconstruction (stability dynamics, speed, stopping distance)
• Forklift/warehouse safety engineer (OSHA/B56/NFPA application; traffic and dock design)
• Human factors (visibility, warnings, alarm effectiveness)
• Industrial hygienist (CO/battery charging ventilation)
• Biomechanics/vocational/economics (causation, life care, lost earnings)

Defense themes—and how to counter them

• “Pure operator error.” Recenter on employer controls: training quality, refresher triggers after near-misses, speed management, and visibility mitigations required by policy and consensus practice.
• “No defect – just misuse.” Examine whether safer feasible designs (restraint interlocks, zone-based speed limiting, proximity alerts) were available and known to the manufacturer and purchaser. Telematics and OEM offerings help show feasibility.
• “We followed the rules.” Compare written policies to actual compliance: missing daily inspections, out-of-service violations, unsecured trailers, operators uncertified on the specific class/attachment.

Injured in a Forklift or Powered Industrial Truck Incident?

If you or a loved one suffered a catastrophic injury or a wrongful death involving a forklift or PIT, McEldrew Purtell can help. Our team moves quickly to preserve evidence, work with OSHA/ANSI experts, and build a case that holds the right parties accountable.

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