Unique Obstacles in Pursuing a Loose Truck Cargo Accident Claim

 Posted on January 26, 2021 in Truck Accidents

Flatbed trucks, 18-wheelers, and other large commercial trucks haul everything from building materials to hazardous chemicals to household products. Most of the goods we use on an everyday basis were transported by truck at some point. When truck cargo is not properly loaded and secured in the truck, the results can be horrific. If you or a loved one were injured in a car accident caused by loose or fallen truck cargo, you may be able to bring a personal injury claim against the at-fault party. You may be entitled to compensation for your medical bills, pain and suffering, and more. However, you may need to overcome certain obstacles in order for your claim to be successful.

Proving an Accident Was Caused by Loose or Fallen Cargo Truck

Truck accidents can lead to costly property damage and severe or even deadly injuries. A personal injury claim may help you hold a negligent party accountable for a truck accident and recover compensation for damages. However, to win your truck accident claim, you will need to prove that the defendant’s negligent actions caused your injuries and that you sustained damages. Proving that an accident was the result of loose or fallen truck cargo is rarely easy. For example, you may have been involved in a car accident while swerving to avoid fallen truck cargo. Other individuals involved in the accident may even try to pin fault for the accident on you. Issues like these often make fallen truck cargo claims even more complex than other types of truck accident claims.

Liability May Fall to Many Different Parties

People often assume that the fault for a truck accident lies with the truck driver. However, this is not always the case – especially when the accident involves loose truck cargo. Determining who is liable for your accident is a crucial aspect of your truck accident claim. Liability or legal responsibility for your accident may fall to:

• The truck driver

• The truck owner

• The trucking company

• The property broker or “freight broker”

• The party that loaded the truck cargo

• The party that secured the truck cargo

• The party that designed or manufactured securement devices such as straps or tie-downs

Contact a Decatur Truck Accident Lawyer

If you were injured or a loved one was killed in an accident caused by loose or fallen truck cargo, you may be able to bring a personal injury or wrongful death claim against the at-fault party. You may be compensated for lost wages, medical bills, pain and suffering, and other damages. A skilled Bloomington personal injury attorney from Kanoski Bresney can help you build a strong claim and fight for the compensation you deserve. Call us at 888-826-8682 today to schedule a free consultation.

Source:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf