Falling Debris

Falling Debris

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Accidents caused by Falling Debris

Trucking accidents caused by falling debris can be dangerous and have serious consequences.  Trucking companies are required to secure their cargo in a way that prevents debris from escaping or falling onto the road.  This includes using proper restraints and blocking or bracing to avoid shifting and dislodging of transported materials.

If you or a loved one have been injured as a result of debris that has fallen from a commercial vehicle the experienced team at VanDerGinst Law would be honored to help.

Types of Debris Responsible for Accidents

  • Cargo: improperly secured or overloaded cargo is a common cause of falling debris accidents. When cargo is not properly restrained, it can shift or fall off the truck, creating hazards for other vehicles on the road.  This can include items such as construction materials, logs, pipes, or even loose items like furniture or appliances.
  • Loose parts or equipment: Trucks may have loose parts or equipment that can become dislodged during transit.  This can include loose bolts, brackets, or other components that were not properly secured. These loose parts can fall onto the road, posing a danger to other vehicles.
  • Tires and tire fragments: Tire blowouts or tread separation can cause pieces of rubber to detach from the tire and scatter on the road. These tire fragments can be hazardous for other vehicles, as they can cause loss of control or puncture tires, leading to accidents.
  • Improperly secured truck components: In some cases, truck components such as hoods, doors, or panels may not be securely fastened. These components can become lose during transit and fall onto the road, potentially causing accidents.

Who is Liable to Compensate Victims of Accidents Caused by Falling Debris?

Determining liability for falling debris from a commercial truck can be a complex process and may vary depending on the specific circumstances of the accident. In general, multiple parties could potentially be held liable, including:

  • Truck driver: The truck driver may be held liable if they were negligent in properly securing the cargo or failed to maintain the truck’s components adequately. If the driver did not follow proper loading procedures or failed to inspect and secure the cargo, they could be considered negligent and held responsible for any resulting accidents.
  • Trucking company: The trucking company may also be held liable for falling debris accidents. They have a responsibility to ensure that their drivers are properly trained, follow safety protocols, and maintain their trucks in a safe condition. If the company failed to provide adequate training, supervision, or maintenance, they may be held liable for the accident.
  • Cargo loaders: If a separate party was responsible for loading the cargo onto the truck, such as a third-party logistics company or a loading crew, they could potentially be held liable if they improperly secured the cargo or overloaded the truck. In such cases, they may share liability with the truck driver or trucking company.
  • Maintenance and repair personnel: If the falling debris was caused by a mechanical failure or a loose truck component, the maintenance and repair personnel responsible for inspecting and maintaining the truck may be held liable if they were negligent in their duties. This could include failing to properly secure or repair loose parts or equipment.
  • Government agencies: In some cases, if the falling debris was caused by road conditions or road debris that should have been addressed by a government agency responsible for road maintenance, they may be held liable for the accident.  Determining liability requires a thorough investigation of the accident, including gathering evidence, reviewing maintenance records, interviewing witnesses, and analyzing any applicable regulations or laws. It is advisable to consult with legal professionals experienced in trucking accidents to assess the specific circumstances and determine liability accurately.

Speak With Our Personal Injury Attorneys Today

Investigating an Accident Caused by Falling Debris

Trucking accidents caused by falling debris can be dangerous and have serious consequences. Investigating such accidents involves understanding the circumstances surrounding the incident, identifying the cause of the debris, and determining liability. Here are the steps typically followed in investigating trucking accidents caused by falling debris:

  • Accident scene assessment: Investigators visit the accident scene to assess the physical evidence. They examine the vehicles involved, the debris, and the surrounding area. They document the location and condition of the debris and any damage caused to the vehicles.
  • Collecting information: Investigators gather information from eyewitnesses, drivers involved, and any available surveillance footage. Eyewitness accounts can provide insights into the cause of the debris and the events leading up to the accident.
  • Identifying the source of the debris: Investigators work to identify the source of the falling debris. This may involve examining nearby structures, vehicles, or objects that could have contributed to the incident. They may also consider weather conditions, road conditions, or any other factors that could have played a role.
  • Maintenance and inspection records: Investigators review the maintenance and inspection records of the truck involved to determine if there were any issues with the vehicle that could have contributed to the incident. They check for any previous repairs, maintenance lapses, or equipment failures that may have caused the debris to fall.
  • Regulatory compliance: Investigators assess whether the trucking company and driver were in compliance with relevant regulations and safety standards. They review records related to driver qualifications, hours of service, vehicle inspections, and maintenance logs to determine if any violations or negligence contributed to the accident.
  • Expert analysis: In some cases, experts may be called upon to analyze the debris, the truck, or any other relevant factors. These experts, such as structural engineers or forensic specialists, can provide insights into the cause of the debris and any contributing factors.
  • Liability determination: Based on the evidence gathered, investigators work to determine liability. This involves assessing responsibility for the falling debris, whether it was due to negligence, improper securing of cargo, poor maintenance, or other factors. Liability may rest with the truck driver, the trucking company, the entity responsible for the debris, or a combination of parties.

Why should I hire VanDerGinst Law for my Falling Debris Injury Claim?

If you have been injured by falling debris from a commercial truck, it is generally advisable to hire a lawyer for several reasons:

  • Legal expertise: Personal injury lawyers specialize in handling cases like yours and have a deep understanding of the laws and regulations surrounding truck accidents. They can navigate the complex legal system on your behalf, ensuring that your rights are protected and that you receive the compensation you deserve.
  • Investigation and evidence gathering: A lawyer will conduct a thorough investigation into the accident, gathering evidence such as photographs, witness statements, accident reports, and any available surveillance footage. They will also consult with experts, such as accident reconstruction specialists, to build a strong case on your behalf.
  • Determining liability: Determining liability in truck accidents can be challenging, especially when multiple parties may be involved. A lawyer will assess the circumstances of the accident, review relevant laws and regulations, and identify the responsible parties. They will help you understand who may be liable for your injuries and pursue legal action against them.
  • Negotiating with insurance companies: Dealing with insurance companies can be complex and overwhelming. Insurance adjusters may try to minimize your claim or offer a settlement that is far below what you deserve. An experienced lawyer will handle all communication and negotiations with the insurance company, ensuring that your rights are protected and that you receive fair compensation for your injuries and damages.
  • Maximizing compensation: A lawyer will work to maximize your compensation by considering all aspects of your damages, including (but not limited to):
    • Medical bills
    • Past and future lost income
    • Pain and suffering
    • Disability (failure to enjoy a normal life)
    • Wrongful death (if there is a loss of life)
    • Scarring
    • Emotional distress/mental anguish
    • Loss of consortium
    • Property damage
    • Out of pocket expenses

 

Contact a Truck Accident Lawyer Today

A trucking accident involving falling debris can leave you injured, with high medical bills, the inability to work, and pain and suffering.  VanDerGinst law can help you get the compensation you need and deserve.  Call today 800-960-8529 or click here.`

The Importance of Legal Representation

If you are injured in a truck accident, you deserve fair and just compensation. Though money won’t take away your pain, it can help you get the care you need, or assist family for any loss they suffer due to the accident victim’s injuries or death.

Truck accidents are complex and may involve multiple parties subject to different rules and regulations. An experienced personal injury attorney can fight for your rights and make sure that all parties are held responsible. If you or a loved one has been involved in a truck accident involving a drunk driver or a driver under the influence of drug, the truck accident lawyers of VanDerGinst Law can help.  Call 800-960-8529 or click here for a FREE, no obligation consultation.

 

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