Each year, around 25,000 motor vehicle collisions on U.S. roadways happen because motorists were driving around with cargo on their cars that was not secured. Property damage and injuries are common in these accidents, and somewhere between 80 and 90 people usually die each year in car wrecks due to unsecured cargo.
When items fall off a vehicle and a crash happens, who is to blame? Usually, the driver who is transporting the unsecured materials can be held responsible for any harm that occurs. Naples injury attorneys can help victims explore possible options for getting compensation if they are hurt or if someone they love is killed because a driver chose to move items without securing them.
Injuries Resulting From Unsecured Cargo
The Day took a close look at problems that unsecured cargo can cause on roadways. Cargo ranging from Christmas trees to mattresses to construction materials can fall off of cars and lead to crashes. The crash may happen when an item falls into the road and the driver behind tries to steer around the item, veering out of the lane, crashing his own car and sometimes hitting the cars of others.
Motorists who get out of cars to try to retrieve fallen cargo can also become crash victims if they are hit by cars that can’t stop. Items that fall out of vehicles and land directly on to other cars can also cause crashes due to impaired visibility or the driver losing control when the object unexpectedly hits the vehicle.
If cargo falls off a car and someone gets into a crash as a result of it, the collision victims could hold the driver who was transporting the items legally liable — but only under certain circumstances. To get compensation, the victim would need to show that the driver who was transporting the cargo was negligent. Negligence can be proven by showing a safety law violation or demonstrating that a reasonable driver would not have transported the cargo in the same unsafe way.
Cases involving secured cargo arise not only with passenger cars, but also when truck drivers fail to make sure loads are balanced and cargo is properly loaded. Cases involving truckers raise unique complications, as both drivers and trucking companies can be held responsible for crash losses. If Federal Motor Carrier Safety Regulations related to cargo loading are not followed by drivers or trucking companies, the violation of these rules also creates the presumption of negligence — which means a plaintiff may have an easier time pursuing a case.
Knowledgeable injury attorneys understand the complexities of car accident claims arising when allegations are made that unsafe cargo transport caused the accident. Call Ryan Kuhl for help determining if you have a case. He is here to help you gather the evidence you need to prove you are entitled to monetary damages for losses. Contact The Kelleher Firm as soon as possible.