Trucks often carry heavy loads that may be dangerous if they are not secured properly. When a driver or company fails to properly secure cargo, falling debris can cause serious injuries to other motorists. The truck accidents at the Law Offices of Robert Dixon are committed to helping Miami residents who have been hurt in an accident caused by falling debris. Our firm assists people throughout Miami-Dade, Broward and Palm Beach Counties, among other areas of South Florida. We can help you try to hold accountable any party that was responsible for harming you.Dangers of Falling Debris
Federal regulations stipulate proper loading procedures governing trucks that travel from state to state. The Federal Motor Carrier Safety Administration sets certain criteria for properly loading trucks, which Florida has adopted as well to apply to big rigs that operate within the state. These rules include:
- Minimum working load limits dependent on weight;
- Requirements regarding transportation of specific types of cargo, including logs and cars;
- Minimum number of tie-downs to make sure cargo is immobilized either on or inside a vehicle.
Truck drivers or companies that fail to secure items safely or pursuant to regulations may result in the cargo becoming loose. Severe accidents can occur when debris falls from a truck, either striking a nearby vehicle, forcing drivers to brake or swerve into another car or structure, or creating a dangerous road hazard. If a crash occurs as a result of falling debris, the truck driver or another responsible party can often be held liable for damages.Seeking Compensation through a Negligence Claim
If inadequately secured cargo results in falling debris on the road, an accident victim may be able to pursue a personal injury lawsuit against the truck driver or trucking company, based on the legal theory of negligence. To establish negligence, the victim, or plaintiff, must show that the defendant had a duty of care to act reasonably under the circumstances. Since all drivers owe others on the road this duty of reasonable care, a victim must then show that the duty was breached by the defendant’s actions and that the breach directly caused his or her injuries. Evidence of a defendant’s failure to follow state or federal regulations regarding cargo may establish this breach.
The plaintiff must also prove that damages resulted. Damages available in these claims may include past and future medical costs, property loss, loss of income, repairs to a vehicle, and lost earning capacity, as well as pain and suffering and other subjective forms of harm.
Truck accidents may involve many different parties with many different interests. As a result, sometimes evidence is intentionally lost, altered, or destroyed in an effort to thwart legal action. This spoliation of evidence can lead to severe sanctions from a court, including exclusion of testimony and sometimes even automatic findings against a certain party. Consulting an experienced truck accident attorney may be important in making sure your rights are preserved following a crash.Consult a Miami Lawyer after a Motor Vehicle Collision
If you have been injured in a truck accident near Miami resulting from falling debris, the injury attorneys at the Law Offices of Robert Dixon can help you with your claim. The team are dedicated to making sure that victims assert their right to proper compensation for their harm. Call 877.499.4878 or contact us online for a free, no-obligation consultation regarding your case.