Commercial trucks often haul large quantities of heavy cargo across the country, including in the state of Massachusetts. When a truck driver fails to secure cargo properly, the consequences can be devastating. If you or someone close to you has been injured due to items improperly loaded onto a truck, you may be entitled to compensation for your harm. At Barry Feinstein & Affiliates, our Massachusetts truck accident lawyers are committed to helping clients hold negligent truck drivers accountable for the harm that they cause through their negligence. We can evaluate your case and help you identify each potentially liable party.
Falling debris or loose cargo from trucks can cause serious harm not only to other motorists on the road but to bicyclists and pedestrians as well. The Federal Motor Carrier Safety Administration (FMCSA) sets certain requirements for securing cargo. Truckers and trucking companies must comply with these regulations by carefully tying their loads onto their big rigs and correctly distributing the weight. In addition, cargo on trucks must be able to withstand certain forces associated with acceleration and deceleration. These rules are designed to minimize the risk of a falling debris accident.
Falling debris accidents may be results of overloading a commercial truck, not securing the cargo properly, or even parts of a defective truck falling off. Truck accidents caused by falling debris can happen in a variety of ways, including but not limited to:
- Debris falling off the truck and hitting the automobile behind it;
- Falling debris forcing a vehicle to brake or suddenly swerve to avoid it; or
- Falling debris causing a slippery or unsafe condition on the road.
If you have been harmed by falling debris, you can seek damages from the at-fault party. This may include the truck driver, the trucking company, or any party that failed to load the truck properly and in accordance with the law. Most truck accident cases are rooted in the legal theory of negligence. Negligence is a failure to exercise reasonable care while operating a truck, thereby causing harm to another person. Reasonable care, in the context of a truck accident case, is the obligation to act as a prudent truck driver would act in the same or similar circumstances. It is not enough to show that the truck driver failed to use reasonable care, and it must also be shown that the defendant’s failure was a direct cause of the falling debris accident and the plaintiff’s resulting harm. In any truck accident case of this sort, it is important to examine whether all FMCSA regulations were followed or whether a breach of the FMCSA regulations caused the crash.
Falling debris from a big rig can make an otherwise safe road a very dangerous place for others. If you have been injured in a truck accident caused by falling debris, you need to reach out to a skilled Massachusetts motor vehicle accident attorney who can help. At Barry Feinstein & Affiliates, we have been protecting the rights of truck accident victims for over 25 years. You can rest assured that we will work hard to seek the compensation you deserve for your harm. For a free consultation, call us at 1-800-262-9200 or contact us online today.
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