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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.

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Metro New York personal injury attorney truck accident

If you or a loved one were hurt in a truck accident, you may be wondering who is liable for the costs incurred by the accident. A serious truck collision can result in overwhelming medical bills and property damage. The injuries may also leave the injured person unable to work. Through a truck accident claim, you may be entitled to financial compensation for your medical expenses, lost income from missed work, reduced earning capacity, vehicle damage, and more. However, before you can file a personal injury claim, you and your attorney will need to determine the liable party to hold them responsible.

Liability for Truck Accidents  

Determining who is liable for a truck accident is often a challenging task. Maintenance records, information from the truck’s event data recorder, physical proof at the accident scene, and other forms of evidence may be used to determine liability. The liable party may be:

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