Three Frequently Asked Questions About Accidents Caused By Falling Cargo
Of all the types of accidents involving 18-wheelers you may think about, those caused by falling cargo may often be overlooked. However, truck accidents caused by spilling or falling cargo are some of the most serious. Like all accidents, these crashes happen in a second and you will suddenly have to deal with the serious aftermath. You will likely feel very confused, and you will have a lot of questions. Below, our San Antonio cargo securement accident lawyer answers three of the most frequently asked questions we hear.
Who is Liable for Cargo Securement Accidents?
Just as with any accident, one of the most important steps to take is to determine who is liable for the crash. Multiple parties can be liable for truck accidents, including those involving falling cargo. Depending on the facts of your case, one or more of the following parties may be to blame:
- The truck driver if they loaded the cargo themselves or were responsible for the loading and/or securement of the cargo,
- The trucking company can be held vicariously liable if the truck driver acted negligently,
- The cargo loading company,
- The company that hired the cargo loading company if it directed the method that the cargo loading company used to load and secure the cargo,
- The municipality, if poor road conditions or inadequate road design caused the trucker to act in a manner that caused the cargo to fall off the truck, and
- Any company that created a defective truck or equipment that caused the cargo to spill.
What Happens when Multiple Parties are Liable?
Again, one or more of the above parties may be liable for the accident. When that is the case, damages are distributed among parties according to the percentage of fault they carry for the crash. Injured individuals can also be liable for an accident. For example, a driver may have been following a truck too closely when the cargo spilled out of their truck. In these cases, victims can still file a claim against the liable party, as long as they were not 51 percent or more to blame.
What Should I Do After a Cargo Securement Accident?
The steps you take following a cargo securement accident are important for your own safety and well-being, as well as for any future personal injury case you may file. The most important steps include:
- While still at the scene, collect physical evidence such as pictures and videos of your injuries, the spilled cargo, the trailer and any cargo still in the trailer, which may evidence how it was loaded unsafely, and the accident scene as a whole.
- Locate witnesses and ask them for their contact information (don’t rely on police officers for this information, which usually is not in the police report).
- Seek medical attention, even if you think your injuries do not appear serious at first. Also tell the doctor how you were injured, so there is a medical record of the accident causing the injury. Follow through with all recommended medical treatment.
- Call a San Antonio cargo securement accident lawyer who can advise on the legal aspects of your case.
- Put your profiles on social media on private, so insurance adjusters cannot access your photos and posts and use them against you by taking them out of context.
- Do not post on social media about the accident or your injuries – insurance adjusters will use this against you.
- Do not speak to the insurance company. Instead, direct them to your attorney.
Speak with Our Cargo Securement Accident Lawyer in San Antonio Today
At the Law Office of Israel Garcia, your injuries are personal to us and our San Antonio cargo securement accident lawyer is passionate about helping injured individuals recover the full compensation they are entitled to. If you have been hurt, call us at 210-LAW-9999 or contact us online to schedule a free consultation and to learn more about your legal options.
Source:
statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
