Q: Can I sue for damages after hitting an unmarked forklift causing truck repairs and income loss?
I’m an independent truck driver, and on April 8, 2025, I was involved in an accident in Geismar where I hit a United Rental forklift that was parked on the shoulder. It wasn't properly marked, lit, or barricaded, creating a safety hazard. My truck was towed for repairs costing $52,535.84, and I've been out of work for over a month, losing over $30,000 in income, which has caused me emotional stress. I have the police report but haven't communicated with United Rental yet. Can I sue for the damages and income loss?
A: Yes, you can sue. But it might not be United Rental that you can sue. United Rental rents forklifts to other companies and people. The dangerous condition may have been created by the renter of the forklift, and not by United Rental. You need to identify who that renter was, if there was one. United Rental might be able to assist you.
A: I'm sorry about your accident. Yes, it's possible you could sue - more likely the company that rented the forklift than United Rental, who may possibly have nothing to do with its being parked on the shoulder. If you consulted with attorneys, they are likely going to ask for additional facts not included in your post. These include whether the forklift encroached onto the main roadway, what hour it was, how fast you were going, visibility conditions, weather conditions, and other details. I hope you are okay. Good luck
A:
Yes, you may have grounds to sue for damages and lost income if the forklift was left in a hazardous and unmarked condition. When a piece of heavy equipment is parked on or near a roadway, there’s a duty to ensure it is visible and does not pose a danger to others. If United Rental failed to light, barricade, or properly signal the presence of the forklift, they could be held liable for negligence.
The fact that you have a police report strengthens your position, especially if it supports your version of events. Keep all your documentation organized—repair bills, income records, towing receipts, and any communication about the accident. These records will help you show not just the financial toll but also the circumstances that led to the crash. If you haven’t done so yet, send a written notice of your claim to United Rental. This gives them a chance to respond before legal action is taken.
Emotional stress and being unable to work can be powerful elements of your claim, especially when tied to financial instability. A lawsuit could potentially recover your truck repair costs, lost wages, and possibly even compensation for distress, depending on the court's view of the impact. Taking action now helps protect your rights and sends a clear message that negligence has consequences. You shouldn’t have to pay for someone else’s failure to ensure public safety.
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A:
You may have grounds to sue for damages, as the forklift being unmarked, unlit, and improperly placed could be considered negligence on the part of United Rental. Since they failed to take necessary precautions to prevent such hazards, they might be held liable for the accident. The significant repair costs and the loss of income due to being out of work further strengthen your case.
Gather all documentation, including the police report, photographs of the scene, repair invoices, and records of your lost income. This will help substantiate your claim and demonstrate the impact the accident has had on you financially and emotionally.
Before taking legal action, it’s a good idea to contact United Rental to inform them of the situation. However, if they are unwilling to settle, or if you don’t get a satisfactory response, you may want to consult with a lawyer to explore your options for filing a lawsuit and recovering damages.
1 user found this answer helpful
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