Accidents Caused by Cargo or Debris Falling from Trucks
Have you ever driven behind a semi-rig or overloaded pickup truck and thought, “That doesn’t look safe?” You are right to be concerned.
The last time the AAA Foundation for Traffic Safety studied the topic of accidents caused by cargo or debris falling from trucks, they found that in one year, this factor caused 25,000 crashes, resulting in 90 deaths.
Even though these could be classified as “unintended accidents,” a truck driver and trucking company could be held liable if that accident-causing debris can be attributed to them.
How Debris Accidents Happen
When debris falls from a truck, the item was not properly secured. The Federal Motor Carrier Safety Administration (FMCSA) has very specific regulations about cargo securement. That starts with the general rule of cargo placement and restraint: “Articles of cargo that are likely to roll must be restrained by chocks, wedges, a cradle, or other equivalent means to prevent rolling.”
Those rules cover all the requirements for various types of cargo, such as logs, paper rolls, concrete pipes, cars, and more. They also specify the type of restraints necessary. Before any cargo leaves a loading dock, the loaders and the driver should inspect it.
Once a tractor-trailer leaves the loading dock, that cargo becomes the trucker’s responsibility. They should be checking it at every stop along the route. Additionally, further inspections can be performed at any weigh station. In other words, there is no excuse for a fleet company and its employees to avoid properly securing cargo.
Assigning Liability in a Cargo Accident
A truck driver must exhibit “reasonable care” when inspecting their cargo. They must check the cargo when they stop to refuel or rest. The loaders must also follow reasonable care when they load up the truck. If you are injured in an accident involving debris falling off a truck, you must prove that the driver and loaders did not use reasonable care.
Consider an accident involving debris that falls off the back of a dump truck. Typically, a dump truck has an exposed bed where the cargo is placed. If there is a lot of loose debris, then some kind of tarp or cover should be placed over the debris to prevent it from flying off. Also, it is important that the truck driver follows the speed limits. Excessive speeds increase the risk of debris flying off that truck.
There should be a record of who loaded the truck and all the inspections to its final destination. Additionally, the trucking company could be found liable if they hired a driver without the experience or proper certification to transport certain types of cargo. For instance, not every commercial driver is certified to transport hazardous materials. A driver needs to have additional training for that type of cargo.
Those are all the people who can be held responsible for the collision. They can also be a party to a lawsuit brought by the accident victim to recover damages.
Getting the Right Advice After a Trucking Crash
If you’re involved in an accident caused by debris falling from a truck, you need to discuss what happened with the Trucking Injury Law Group. We are uniquely qualified to provide you with information about the law and holding a trucking entity liable. If we feel that your case has merit, we can be a supportive advocate as you seek fair compensation for your losses. Call to arrange a free consultation today.
