Falling Cargo

Falling cargo can result in serious, complex truck crashes. Many different conditions may combine to cause falling cargo. When a small piece of debris falls off a truck and hits a windshield while a truck is traveling at high speeds there may be a minor crack. However, when a semi-truck drops cargo on the road, there is a real danger of injuries such as traumatic brain injury, quadriplegia, amputations, broken bones and fractures, bruises, and more. When cargo isn’t appropriately loaded or secured, it may move or place stress on whatever is holding it to the truck. Sometimes flying objects break a windshield and cause penetrating injuries. If you sustained injuries due to falling cargo in a truck accident in Syracuse, you should discuss your situation with the experienced Syracuse truck accident attorneys of DeFrancisco & Falgiatano. No lawyer can guarantee a positive outcome to a personal injury lawsuit. However, as members of the prestigious Million Dollar and Multi-Million Dollar Advocates Forums, we have a record of success and a strong understanding of best strategies for recovering compensation.

Cargo may be secured to a commercial truck by safety devices such as tie downs and anchors. Unfortunately, tie-downs can deteriorate and anchors can be inadequately maintained, such that they break down and no longer hold cargo in place. It’s important for a Syracuse truck driver to check the condition of tie downs and anchor devices before securing loads or cargo and make sure the truck is not overweighted or subject to a shifting load, such that undue stress is placed on safety devices.

When a truck driver is negligent with regard to securing cargo and you sustained injuries as a result, it may be appropriate to sue him or her negligence. We’ll need to prove: (1) you were owed a standard of care, (2) breach of the standard of care (3) causation, and (4) damages. For instance, if a truck driver failed to inspect the truck before going out on an interstate highway, and lumber fell off, causing another driver to swerve into your lane and you suffered quadriplegia as a result of these events, we may be able to establish negligence.

We’ll need to retain an accident reconstruction expert to determine whether others were also at fault for falling cargo. In order to hold a third party loading company liable for injuries arising out of falling cargo, our attorneys will likely need to prove it was negligent. One way to do that in a case involving interstate travel is to prove that a third party loading company negligently loaded or secured the cargo that fell from the truck.

In some cases, falling cargo is the result of a truck driver or loading company’s failure to cover a load or overweighting of the truck. Trucks are designed to withstand specific amounts of weight; unfortunately, some truck drivers, trucking companies and third party loading companies do not abide by regulations that cover the weight of the cargo.

Cargo may shift causing the truck to be imbalanced and tip over. Sometimes when cargo moves, pressure is place on the truck’s door and cargo can break out of the vehicle. Or, when objects fly off at a high speed, drivers may need to react quickly and move into vehicles in the lanes next to them.

Drivers must take preventive measures to make sure there is no wiggle room and check the load on the truck often to confirm it is held in place.

Falling cargo can inflict catastrophic and fatal injuries because vehicles behind the truck may need to swerve suddenly to avoid colliding with it. You may be able to obtain compensatory damages such as:

• Medical expenses
• Loss of consortium
• Lost wages
• Out-of-pocket expenses
• Pain and suffering
• Emotional distress
• Loss of enjoyment.

If your loved one was killed as a result of falling cargo that arose out of another’s negligence, we may be able to recover wrongful death damages.

When you select a law firm to represent you in a falling cargo lawsuit, you should consider whether it has sufficient trial experience and positive reviews. These may tend to show a law firm can develop the best available strategy to secure compensation on your behalf. Call the seasoned Syracuse attorneys of DeFrancisco & Falgiatano. With more than 3 decades of experience representing those injured in truck accidents, we’ve recovered over $100 million in personal injury awards and settlements. We represent accident victims in Rochester, Auburn, Watertown, Oswego, Lowville, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Herkimer, Binghamton, and Elmira. Complete our online form or call us at 833-200-2000.