When most people think of automobile accidents, they usually think of an accident between two vehicles. However, that is not always the case. There are times when truck cargo can collide with a car. These accidents are known as falling cargo accidents, and the driver of the vehicle might not even know cargo flew off the truck.
If loose cargo hits your vehicle in Utah, do not hesitate to contact the truck accident attorneys at Feller & Wendt. Navigating these cases is complex since there might be multiple negligent parties. Our injury attorneys will thoroughly investigate the accident, pinpoint liable parties, and seek compensation on your behalf.
How Do Falling Cargo Accidents Occur?
There are various reasons why cargo accidents occur, and they primarily result from a party not properly loading or securing cargo on a truck. Despite strict rules from the Federal Motor Carrier Safety Administration (FMCSA) on securing and placing cargo, these accidents still occur.
For example, cargo may fall out of a commercial truck if the driver takes a turn too fast. The trailer doors may fly open, causing debris to fall out. Conversely, the force and weight of the cargo may put too much pressure on the doors, causing them to swing open. Other times, cargo may come loose because the vehicle was in an accident, exposing the cargo.
It is important to remember that some trucks carry liquids, such as oil, gas, or water. If a tanker truck is in an accident, liquid cargo can escape through the smallest of cracks. While all cargo accidents are dangerous, losing liquid cargo is especially hazardous as it can make roads slick and cause additional accidents. Additionally, the liquid could be flammable and cause a fire.
Who Is Responsible for a Falling Cargo Accident in Utah?
Accident victims in a crash with a truck must understand that there could be multiple parties fully or partially responsible for your damages and losses. Negligent parties might include:
- Truck owner: Owners have a responsibility to ensure that their truck is in good working condition. This includes ensuring that the trailer doors work correctly and stay shut when traveling. For tanker trucks, they must ensure that there are no cracks where liquid may escape.
- Cargo loading company: There may be instances where a different company loaded the cargo onto the truck. They are responsible for ensuring that all cargo is properly fastened in preparation for transit.
- Subcontractors: Many trucking companies contract other companies for specific tasks, such as transporting goods back and forth. A subcontractor may have loaded and secured cargo. If it comes loose, the subcontractor may be liable.
- Trucking companies: Truck companies must ensure that their trucks are safe for drivers to use. If managers knew that the truck was faulty and could cause falling cargo accidents, they might be responsible.
- Truck drivers: Certain driver behaviors, such as speeding, texting behind the wheel, and driving under the influence, can increase the risk of a falling cargo accident. Additionally, truck drivers may be responsible for ensuring that all cargo is secured before driving.
It is also important to remember that more than one party might be responsible for a falling cargo accident. For example, a cargo loading company may have inadequately loaded cargo, but the driver failed to check. Contacting a Utah truck accident attorney will be beneficial to your injury claim.
Utah Truck Accident Attorneys Are Here to Help
When falling cargo hits your car, turn to the accident lawyers at Feller & Wendt. We know that times are stressful following a truck accident, so you can count on us to handle the day-to-day aspects of your case. Our attorneys will gather and review evidence, speak to witnesses, and negotiate with insurers while protecting your best interests at all times. To learn more about how we can help you, call (801) 499-5060 or complete our contact form to schedule a free consultation.