When a truck accident comes to mind, collision is normally the first thought; however, an equally dangerous threat looms above your head. Falling debris and cargo from trucks can cause serious accidents, injuries, and even deaths. In the event of a falling truck debris accident, it can be challenging to pin exactly who’s responsible; however, with the right information and help from an experienced Texas commercial truck accident lawyer, you can get the justice you deserve and maximize your claims.
Reasons Truck Debris Falls
The number one reason truck debris falls is because of improper securement. Large tractor-trailers, especially if they’re speeding, may swerve or shake while going around tight turns. If this happens, multiple pieces of cargo may dislodge from the truck and fall onto the road. The debris may strike vehicles, create road-blocks, or cause accidents.
Damages in a Truck Load Accident
Injuries from a truck load accident can be devastating since many occur while motorists are traveling at high speeds and have little to no time to avoid a heavy object in the road or another vehicle that suddenly slows or stops because of such objects. These injuries include:
- Head trauma or brain injuries
- Broken limbs
- Severe lacerations
- Internal organ damage
- Spinal cord injuries
- Disfigurement
- Paralysis
- Death
You are entitled to compensation for your injuries if a truck driver and truck company was negligent for failing to secure a load that led to your injury or to properly train its driver. Your damages include:
- Past and future loss of income
- Past and future medical expenses
- Lost earning capacity
- Loss of employment benefits
- Pain and suffering
- Spousal claim for loss of consortium
- Possible punitive damages
Who’s Responsible for Falling Truck Debris
Determining who is at fault with this type of accident can be both difficult to prove and complicated. A variety of factors often come into play. If the driver is to be held responsible, you will need to prove their negligence. If the trucking company should be held responsible, some proof might include the duty of care and how it was breached based on the lack of safety handling of the truck or cargo.
There are strict regulations set in place by the Federal Motor Carrier Safety Administration and the state of Texas regarding the safe and proper securement of cargo on large trucks. These guidelines are designed to ensure weight loads are balanced and to keep cargo from shifting while in transit.
If investigations uncover that the tractor-trailer did not comply with state or federal safety regulations, a number of parties may be held legally responsible.
When debris falls off a truck and causes an accident, personal injury and property damage is likely to occur. It is imperative to know who is accountable for damages and injuries, as they should be held responsible.
It is extremely important that you retain the legal assistance of an experienced Texas truck accident attorney. They can assist you in finding proper medical treatment, dealing with commercial trucking insurance companies and maximizing your claim.
Call our law offices today at any of our convenient locations and get a free consultation.
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