Liability When an Object Falls Off a Commercial Truck
Jan. 4, 2023
Commercial truck accidents contributed to nearly 600 fatalities on Texas roadways in 2020, according to the Texas Department of Transportation. Anyone involved in a truck wreck in Texas knows how overwhelming the experience can be, both emotionally and financially.
If you’ve recently been injured in a commercial truck accident or have been hit by something that fell off a commercial truck, you need a car accident attorney who can help you get the compensation you deserve. At my firm, Jose Orihuela, Attorney at Law, I can help you file a claim and negotiate a fair settlement. Call me today for help in Houston, Texas, Webster, South Houston, Pasadena, Clear Lake, Friendswood, League City, Alvin, Dickinson, Bacliff, Kemah, Seabrook, and Santa Fe.
Liability For Objects Falling From a Commercial Truck
One common reason for accidents by commercial carriers is when there’s unsecured cargo that falls off the back of the truck and causes damages or injury. When this happens, it can sometimes be hard to determine exactly who’s to blame and who is liable when an object falls off a truck. In most cases, the driver will be held responsible for this if the accident happened because of their driving or if they failed to make sure their load was secure. However, there are other instances when liability can land with the shipping company or the trucking company. For example, consider these situations: the truck may have been loaded by someone else and wasn’t properly secured, or perhaps the shipper knew the load wasn’t stable and neglected to fix it before it went out for delivery.
Proving Negligence for Falling Objects
Proving negligence for an object falling off a truck can be a complicated task. That’s why you should always work with an experienced personal injury attorney who can ensure you have a strong case with adequate evidence. You may try to prove that the driver themselves was negligent if they were the one responsible for the final security check of the load. If they failed to do this and it resulted in an accident, they may be held liable. Or, if you can prove that the driver was driving erratically or inattentively, they would have been neglecting their duty of care to safely transport their load. On the other hand, if the driver can prove that they followed all safety precautions and protocols, and the accident occurred despite this, you would then be tasked with proving negligence on the part of the shipping company or person who initially loaded the truck.
Central to any negligence claim is proving that the accident wouldn't have happened if the driver hadn’t taken certain actions (like failing to secure or double check their load). For example, the accident could have occurred due to adverse weather conditions like poor visibility or icy roads. In this case, you may not be able to attribute negligence to a certain person or party.
Reasonable Steps to Secure Cargo
Both the truck driver and the shipping company have a legal responsibility to secure the cargo to stay put throughout the entire delivery. These laws are essential to keeping everyone on the roads safe. If accidents do occur, the truck may also face criminal charges in addition to any civil personal injury claims made against them.
The Help You Need When You Need It Most
Navigating an injury or property damage case that’s caused by objects falling off a truck can be very difficult, but you don’t have to do it alone. If you’re in the Houston, Webster, South Houston, or Pasadena area, reach out to me, Jose Orihuela, Attorney at Law, to discuss your options for filing an insurance claim or seeking compensation through a lawsuit. I’m proud to serve individuals all throughout Texas.