Objects Falling Off a Moving Truck
A recent tragedy that took the lives of a mother and daughter from Minnesota highlights the danger of improperly secured cargo. The two women were fatally injured when a boulder weighing approximately 800 lbs. was dislodged from the back of a moving truck and slammed into their vehicle. The women suffered significant trauma as the boulder plowed through their car. The medical examiner ruled the cause of death for both women to be blunt force head trauma. This truck accident was entirely preventable.
According to the Rosemount Chief of Police whose office investigated the crash, the boulder was unsecured in the back of the truck. It took four firemen who responded to the scene of the accident to roll the heavy boulder away from the road. Security cameras captured the tragedy as it unfolded and revealed that a commercial vehicle was to blame. The driver was arrested following the incident.
Lost Loads a Serious Road Hazard
It is not uncommon for cargo or objects to fall from trucks. Truck drivers may not be compensated for time spent loading and unloading vehicles, and therefore may be under pressure to get back on the road and log more miles. These types of truck accidents can be complex from a legal perspective, presenting a number of challenging legal issues. Experienced New Jersey truck accident lawyers can help you determine how the accident happened and whether it was the result of negligence. An experienced attorney will also identify potentially liable parties.
Truck accident cases may involve several levels of liability, including cargo loading personnel, employers, truck drivers, trucking companies, and truck owners. In order to prevail in a claim for personal injury, one must establish that the defendant or defendants had a duty towards the plaintiff; breached that duty; and the breach was a direct cause of the plaintiff’s injuries.
A number of state and federal laws and regulations govern how cargo must be loaded and secured for commercial transport. In general, cargo must be firmly immobilized or secured by structures of adequate strength—such as dunnage bags, shoring bars, or tiedowns. If a certain type of cargo is likely to roll, such as heavy barrels or boulders, they must also be restrained by chocks, or some type of cradling device to prevent rolling. The mechanism for restraining the object cannot become unintentionally dislodged while the truck is in transit.
New Jersey Truck Accident Lawyers at Eichen Crutchlow Zaslow, LLP Obtain Maximum Compensation for Accident Victims
At Eichen Crutchlow Zaslow, LLP, we fight help injured victims and their families find the answers they need and the justice they deserve. With offices located in Edison, Red Bank and Toms River, our New Jersey truck accident lawyers provide the highest quality legal representation to clients throughout New Jersey. Contact us online or call our office at 732-777-0100 today to arrange a free consultation.
Eichen Crutchlow Zaslow, LLP has purposely remained small in size, because it is important to us that we get to know our clients and their needs. Larger NJ injury firms may churn out case after case, but that’s not how we operate. Partners Barry Eichen, William Crutchlow, and Daryl Zaslow have created a firm with the resources to handle complex litigation, and a team that takes your case personally.
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