Determining who to hold liable when cargo falls onto the road and causes an accident, may be complicated. More often, we hear of accidents caused when shipment falls off a truck in transit. When this happens, more than one party is always involved. To learn more click here: Delaware personal injury attorney.
With the occurrence of such events, it is important to be aware of whom to call into account for damages, personal injuries sustained, or the driver at fault. Ascertaining the specific liabilities in these cases is difficult, and it is advisable to seek the legal help of an attorney.
To determine whether it’s the truck driver, the commercial company, the cargo that fell off, compromised safety measures, or any other factor requires scrutiny in the light of the law. We are going to shed light on the parties that are often involved, in the event that these unpredictable incidents take place.
Commercial Trucking Company
The truck or vehicle carrying goods, which fall off and cause an accident, is always the first to blame. The company behind the products on transit is expected to ensure that all possible safety measures are put into place before releasing the vehicle.
On a specific note, it is expected that the company will hire qualified, trained drivers who are trustworthy and fit to be on the road. Any negligence, in terms of upholding these obligations, could hold the commercial company liable for any accidents or personal injuries.
Driver In Transit
More often than not, drivers are to blame for most of the accidents on the road. Cargo spillover could be caused by drivers’ recklessness while on the way.
When such an accident occurs, the legal and traffic officers are expected to investigate whether the driver was under any drug or substance abuse when the accident happened.
It could be that the driver was fatigued, or violating the hours of service rule that requires drivers to be on the road for specific hours, and also have hours of rest.
Personal injury attorneys who are involved in such claims would thoroughly investigate the possibilities of such infractions, likely to be caused by drivers’ error of negligence. If the driver is found at fault, the liability for causing the accident or damages goes to them.
When a defective part, like failed brakes, is the cause of the accident, the manufacturer of the parts could be brought to account for the damages caused. While poor maintenance is to blame for most mechanical failures, the fact that the error could be on the part of the manufacturing company cannot be entirely ignored.
Attorneys involved in accident lawsuits will review the truck’s maintenance logs to determine whether the mechanical breakdown was as a result of poor maintenance, or the part company.
When the failed part is determined to be the manufacturer’s fault, a product liability claim is filed against the manufacturer for selling a defective part that caused the accident to happen.
Loading companies are required to ensure that the cargo is loaded correctly, with all safety procedures followed to the letter. Personal injury attorneys will evaluate whether or not the accident was as a result of reduced loading by the packaging company.
They will also look into the vehicle’s cargo records to determine whether the cargo owner, or transit company was responsible for securing the cargo that spilled over, leading to the accident. The liable party will be pursued for compensation for the damages caused.