If Debris Falls Off A Truck And Hits My Car, Who Is Responsible?…
Falling debris can cause broken windshields and more significant problems, including accidents that result in personal injuries. In such cases, an injured person may have a legal claim against the operator of the truck. You may be able to recover compensation for your damages from the other party and your insurance will not have to cover the costs if debris from another vehicle has fallen from the back of a truck. Trucks carrying gravel, construction debris, and any loose material are supposed to have covers that keep their cargo under control.
What Are The General Requirements For Securing Cargo?
Cargo must be firmly immobilized or secured on or within a vehicle by structures of adequate strength, dunnage or dunnage bags, shoring bars, tie downs, or a combination of these. What are the minimum tie-down requirements? Articles longer than 5 feet but shorter than 10 pounds require two tie-downs, regardless of weight. For articles longer than 10 feet, an additional tie-down is required for every 10-foot increment or part thereof. Articles weighing 10,000 pounds or more require tie-downs at all four corners. A general principle that applies to all drivers on the road is that a driver has a legal obligation to operate his or her vehicle in a reasonably safe manner. Every driver of a vehicle must take reasonable steps to ensure that the cargo is safely secured against falling into the roadways or onto another car. The new rules require motor carriers to change the way they use cargo securement devices to prevent articles from shifting on or within or falling from commercial motor vehicles. The Federal Motor Carrier Safety Administration (FMCSA) requires motor carriers to increase the number of tie-downs used to secure certain types of cargo. The intent of requirements is to reduce the number of accidents caused by cargo shifting on or within, or falling from, commercial motor vehicles operating in interstate commerce. All states also have statutes in regard to cargo securement.
Contact Truck Accident Lawyers If Injured By Fallen Cargo
Unsecured truck cargo accidents can do unthinkable damage to drivers. Between the personal injury that may result and the massive property damage that is practically a given in these situations, an unsecured load on a truck can mean serious physical and financial damage to you and your family. Debris falling off a truck is a sign that the person who loaded the truck, the driver, or the business that owns the truck has failed to comply with cargo securement rules. Commercial trucking firms are required to carry insurance larger than ordinary drivers. If you are involved in an unsecured cargo accident you should be able to rely on the trucking company’s insurance coverage to provide compensation for injuries and repairs. If this does not happen a lawsuit may be necessary. The result of noncompliance can be an important component in litigation. Meanwhile, in addition to the truck driver, a shipper or property broker may also be responsible for loading the cargo onto the truck. In that case, an unsafe load that causes an accident could lead to injured victims holding these parties responsible as well. Given the many different parties that can contribute to one trucking accident, it is not at all uncommon for a truck accident claim to name more than one party under these circumstances. A truck accident claim can be complicated, but an attorney can help you determine who could be liable for the improper cargo loading accident.
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About Miller Trial Law
The personal injury lawyers at Miller Trial Law work closely with victims and families who have been hurt due to the negligence and neglect of another person or party. If you have been hurt in a car accident, truck accident, slip & fall accident, or due to medical malpractice, or nursing home neglect, you are not alone. We may be able to help you seek damages from negligent parties, negotiate with insurance companies, and more. If you’ve been hurt in an accident, you may have the right to seek compensation for your medical costs, rehabilitation expenses, lost wages, and pain and suffering. However, you may only have a limited amount of time to make a claim under the law. Contact Miller Trial Law today and learn how our personal injury lawyers may be able to help you.
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