A commercial truck with unsecured cargo can cause devastation in the blink of an eye, and it is often the surrounding passenger vehicles that bear the brunt of the falling truckload. The real tragedy of falling truckload accidents is that they are almost always preventable.
The experienced truck accident lawyers at Truitt Law Offices are dedicated to seeking justice for people injured in auto accidents caused by falling truckloads. Let us be your fiercest advocates as you seek accountability and fair compensation for your injuries.
Contact us today to learn more in a free consultation.
What Are Common Causes of Falling Truckloads?
Falling truckloads are almost always the result of someone’s negligence, whether on the part of the driver, the cargo loader, or the trucking company. Some of the most common causes of falling cargo accidents include:
- Improperly secured cargo
- Overloaded cargo
- Faulty cargo-securing equipment
- Driver error
- Poor training or oversight.
Our truck accident lawyers stand ready to investigate the cause of the accident to determine who may be responsible, then gather evidence to establish liability and prove your claim.
What Are Different Types of Unsecured Cargo Accidents in Indiana?
Auto accidents caused by falling truckloads can happen in various ways. Some of the most common include the following:
- Debris falling onto vehicles
- Rollovers due to load shifts
- Obstructions causing collisions
- Hazardous materials incidents
- Secondary collisions when falling cargo causes motorists to swerve or brake
- Crashes caused by tire blowouts from hitting fallen cargo.
What Are Common Injuries in an Indiana Overloaded Truck Accident?
Improperly secured cargo can lead to a variety of injuries, many of which are severe and potentially life-altering. Some examples of injuries from unsecured loads include:
- Soft tissue damage
- Fractures and broken bones
- Burns or chemical exposure injuries
- Cuts and lacerations
- Internal bleeding and organ damage
- Spinal cord injuries and paralysis
- Traumatic brain injuries (TBI)
- Psychological trauma, anxiety, and post-traumatic stress disorder (PTSD).
Our truck accident lawyers are ready to help you secure the medical attention you need, gather the documentation necessary to show the extent and impact of your injuries, and then pursue maximum compensation for them.
Are There Federal Regulations for Trucking Cargo That Must Be Followed?
The Federal Motor Carrier Safety Administration (FMCSA) enforces strict regulations for securing and transporting cargo. Some examples of the federal cargo securement regulations include:
- Using the correct tie-downs based on weight and cargo type
- Inspections before and during transport
- Following load distribution standards
- Special rules for hazardous materials.
Determining whether the truck driver or another party violated federal regulations could be crucial for any truck accident claim involving unsecured cargo. Our attorneys can investigate to uncover evidence showing which party was negligent and then work to hold them accountable.
Who Could Be Held Responsible for My Accident That Was Caused by Cargo Falling from a Truck?
The range of potentially liable parties is one factor that can complicate truck accident claims. It is even possible that multiple parties may bear some level of responsibility simultaneously. Potentially liable parties may include:
- Truck driver – If the driver failed to perform their duties to inspect the cargo load or drove recklessly, directly resulting in the cargo falling and causing an accident, they may be held responsible for the resulting injuries and losses.
- Trucking company – Companies are responsible for carefully vetting their drivers and following proper safety protocols. When they fail to do that, and an accident occurs, they may be partially liable. Employers are also vicariously liable for their employees’ negligence.
- Cargo loader – Federal regulations dictate how to secure cargo safely. Third-party or in-house cargo loaders who fail to follow regulations may be held responsible for the damage caused by their negligence.
- Vehicle manufacturer – When defective equipment contributes to the accident, the manufacturer could be liable in a products liability claim.
How Do You Prove Fault for the Falling Truckload Accident That Caused My Injuries?
Proving fault in a truck accident claim typically involves steps like the following:
- Obtaining police reports
- Interviewing witnesses
- Seeking surveillance footage
- Inspecting the truck and cargo equipment
- Requesting driver logs and loading records
- Consulting accident reconstruction experts.
What Should You Do If You Have Been Involved in a Falling Truckload Accident in Indiana?
If you are involved in a falling truckload accident, be sure to:
- Document the scene – Gather visual confirmation for your claim by taking photos and videos of vehicle damage, accident debris, skid marks, traffic signals and signs, the surrounding area, and any visible injuries.
- Collect witness information – If there were any witnesses, they could provide pivotal third-party testimony to support your version of events. Collect their names and contact information.
- Get medical treatment – Even if you feel fine at first, still have a doctor check you out. Some serious injuries may not exhibit immediate symptoms.
- Do not speak to trucking company insurers – Insurance companies may reach out for recorded statements or to offer lowball settlements. They are not your friends, nor are they there to help. Contact our lawyers before speaking with them.
- Contact a truck accident attorney from Truitt Law Offices – An experienced truck accident attorney from our law firm can help you protect your rights and avoid critical errors as you seek compensation for your injuries. Contact us as soon as possible.
What Types of Compensation Could Be Sought for an Indiana Falling Truckload Accident?
You could be entitled to various types of compensation for your losses, including the following examples:
- Medical bills – Ambulance services, ER visits, surgeries, doctor’s appointments, medical devices, medications, physical therapy and rehabilitation, and future medical expenses related to your injuries
- Lost wages – Hourly wages or salary, commissions and tips, missed raises or promotions, sick days and vacation time, medical benefits, and future lost wages
- Pain and suffering – Compensation for the physical pain and mental anguish your injuries have caused, as well as any emotional distress, such as acute stress reactions, anxiety, depression, and PTSD symptoms, caused by the accident
- Property damage – Compensation for the cost of repairing or replacing your vehicle and any other property damaged in the accident
Contact an Indiana Truck Accident Lawyer for a Free Consultation
If you have suffered injuries in a falling truckload accident in Indiana, you need an experienced personal injury attorney to protect your rights. The team at Truitt Law Offices has proudly served injured clients in Indiana for over 40 years. Our reputation is backed by millions in settlements and verdicts, as well as over 100 five-star Google reviews from satisfied clients.
Contact us today for a free consultation about your potential truck accident case.
