Can I Sue if I Was Injured by Objects Falling From a Truck? 

 Posted on February 06, 2023 in Truck Accidents

Federal law requires all trucks transporting consumer goods, supplies, garbage, packages, dirt, and hazardous material, to ensure that cargo is safely secured. Unfortunately, those responsible for transporting goods are sometimes in a rush or are not sufficiently cautious. This leads to incidents of unsecured cargo falling from trucks and landing on the road, endangering drivers who may be hit by the cargo or who may have to suddenly swerve to avoid it. 

Catastrophic injuries happen, and lives are lost every year because of falling cargo on the road. If you were injured or lost a loved one in an accident like this, it is important to explore your legal options. Truck accident victims may be entitled to financial compensation for their vehicle damage, past and future medical expenses resulting from the collision, lost earnings from missed work, and more.

Who is Responsible for Fallen Objects in the Road? 

The truck owner, truck driver, trucking company, or the party that loaded truck cargo may be held responsible for crashes caused by improper loading and securement of cargo. The exact person or organization responsible in a particular case will depend on the details of the case, and an investigation may be necessary to determine who is liable. This is why taking legal action as quickly as possible is so important. As time goes on, it can be more difficult to determine liability because evidence can be lost and witnesses’ memories can be imperfect. 

Evidence that might be useful in a fallen cargo accident includes, but is not limited to: 

• Traffic cameras 

• Dashcam footage from nearby drivers 

• Testimony from eyewitnesses 

• Photos of the crash scene 

• Tire marks on the road 

• Debris, broken glass, and damage to the landscape or guardrails that will be cleaned up or fixed quickly 

• Trucking company records

• Event data recorder (EDR) information 

The idea of gathering evidence to support your claim in a personal injury lawsuit can feel like a nightmare if you are recovering from serious injuries or grieving from the loss of a loved one. This is where a personal injury attorney can help. 

What Types of Damages Are Available in a Truck Crash Injury Claim? 

Being involved in a collision caused by unsecured truck cargo is not only terrifying, but it can also lead to substantial financial loss. Through a personal injury claim, you may be entitled to compensation for: 

• Medical expenses such as emergency room care, hospitalization, and rehabilitative care 

• Lost income from missed work

• Diminished earning capacity 

• Property damage 

• Pain and suffering

• Emotional distress

Meet with a Broward County, FL Personal Injury Attorney

If you were injured or your loved one was killed in a commercial truck crash, contact our Fort Lauderdale truck accident lawyers for help. Our attorneys have over 50 years of collective legal experience, and we understand how to fight for the maximum compensation available in a commercial truck accident injury case.

Call us today at 800-555-4011. Our team speaks Spanish, Creole, and English, and we offer free consultations. 

Sources: 

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.520.html

https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules