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Legal Options After a Car Accident Caused by Dropped Truck Cargo

Posted on in Truck Accidents


Metro New York personal injury from loose cargo attorneyCommercial trucks carry everything from building materials to consumer goods. When truck cargo is not loaded and secured properly, it may become loose or even fall out of the truck during transit. This can cause terrible traffic accidents in which people are severely injured or killed. If you were injured or a loved one was killed in a car accident caused by dropped truck freight, it is important to learn about your legal options.

Suing a Trucking Company for an Accident Caused by Poorly Secured Freight

The Federal Motor Carrier Safety Administration (FMCSA) has instituted strict requirements for how truck cargo should be loaded and secured. Cargo must be evenly distributed in the trailer or on the truck bed so that the truck’s maneuverability is not adversely affected by the load. The cargo must be tightly secured so that it does not move around during transit. When trucking companies do not follow these rules, cargo may fall out of the truck and spill onto the road below. Cargo may strike a vehicle or become a dangerous obstacle that other motorists must swerve to avoid. If you or a loved one were involved in an accident caused by truck cargo, you may be able to sue the liable party for negligence.

Often, the trucking company or the party responsible for loading and securing cargo is liable for an accident caused by dropped truck cargo. However, it is also possible that design or manufacturing defects in the securement devices or the truck itself are to blame for the incident. In this case, it may be possible to sue the company that designed or manufactured the faulty products through a product liability lawsuit.

Possible Damages in a Fallen Truck Cargo Lawsuit  

In the context of a personal injury lawsuit, “damages” refer to the losses caused by the injury or death. If you were involved in a crash caused by dropped truck cargo, you may be facing steep vehicle repair or replacement costs, medical bills, and ongoing financial stress because of the accident. A personal injury lawsuit may allow you to recover compensation for:

  • Hospital bills and other medical costs

  • Ongoing medical needs such as physical therapy

  • Lost income caused by missed work

  • Reduced earning capacity caused by a disabling injury

  • Pain and suffering and other non-financial damages

If your loved one passed away in a truck accident, you may be able to recover compensation for medical and funeral expenses, the loss of your loved one’s income, and non-financial losses like pain and suffering and loss of consortium.  

Contact a Connecticut Truck Accident Lawyer

If you or a loved one were harmed in a truck accident caused by loose or dropped cargo, contact a Stamford truck accident lawyer at Ivey, Barnum & O’Mara, LLC. Call 203-661-6000 for a free consultation.

Source:

 

https://www.cga.ct.gov/current/pub/chap_925.htm#sec_52-555

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