It Flew Off A Big Rig Truck: Who"s Liable For Damages?

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This scenario is a nightmare for many motorists: following behind a truck loaded with logs, pipes, or any other unenclosed load brings to mind the frightening idea of what could happen if something comes loose from the truck.
This is especially a problem on freeways, because even if an item which dislodges from the back of the truck is small, it can still injure or kill the people in the car behind it.
The driver could potentially wreak havoc on the roadways by neglecting to fully secure his load.
Truck Drivers' Responsibility Generally, truck drivers take great pains to secure the load on the back of the truck to ensure the safety of other motorists and the security of their tow.
However, mistakes can be made, and they can have deadly consequences.
If a truck driver fails to adequately secure what he's hauling, or is using substandard equipment to fasten the items on board and they fall off the truck and hit another vehicle, any damages sustained by the person in the other vehicle may be paid by the driver or the trucking company.
Contributory Negligence This is a general rule, in some cases, the injured party was partially or totally at fault.
For example, if the car was following the truck too closely to avoid any falling debris, or if the driver of the car forced the truck to swerve and dislodge a piece of his load, the driver might be considered to be partially at fault.
His damages award will be offset by the percentage of fault he was guilty of, unless he's in a contributory negligence jurisdiction, in which case, his fault completely negates the fault of the truck driver.
Many States Require Tarping and Securing The fault of the person injured by debris falling from a truck is an outlier, however; the load should be secured so as to not fall out even in an accident or when swerving to avoid another car in the road.
In many states, sections of the vehicle code requires all drivers hauling a load of items to sufficiently cover and secure it so that no parts of the load will become dislodged.
Ultimately, it is the responsibility of the driver to secure their haul so that it will stay safe and on the truck, even in an accident.
It is the responsibility of the trucking company to train its employees so that they always comply with state and local regulations and safely cover and secure their loads.
Non-Commercial Towing Another problematic scenario is when an individual is pulling a trailer or cart loaded with possessions: a wheelchair, a vehicle, or other non-commercial items, and part of the load flies off the trailer.
In the same way as a commercial driver is responsible for securing the load, so is the individual.
The statutes are different for non-commercial drivers, but essentially the responsibility is the same.
Towing or hauling a load requires a lot of responsibility, and people can get seriously injured or killed if a person hauling the items fails to properly secure them.
If something flies off a truck and hits a car, the person in the car can generally seek to recover their damages from the driver or trucking company.
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