Cargo that falls from a commercial truck can cause a serious accident without warning. Drivers may strike the fallen cargo, swerve to avoid it, or collide with other vehicles.
An Indianapolis lost load truck accident lawyer can investigate how the cargo came loose and determine who may be responsible. Wilson Kehoe Winingham Injury Lawyers helps people injured in Indiana truck accidents pursue compensation for their medical bills, lost income, and other losses. Contact us today at (317) 920-6400 for a free consultation.
Why Choose Wilson Kehoe Winingham Injury Lawyers for a Lost Load Truck Accident Case in Indianapolis, IN?
Lost load truck accident claims can be complicated because several parties may share responsibility. Depending on how the cargo came loose, the truck driver, trucking company, cargo loading company, or another party could be at fault.
Wilson Kehoe Winingham Injury Lawyers represents people injured in truck accidents throughout Indianapolis.
Our Indianapolis truck accident lawyers can help by:
- Investigating why the cargo fell from the truck
- Collecting loading records, inspection reports, and other evidence
- Identifying the parties that may be responsible
- Documenting medical expenses, lost wages, and other losses
- Handling communications with trucking companies and insurers
- Pursuing compensation through a settlement or lawsuit
Important evidence can disappear or become harder to obtain as time passes. Getting legal help early can make it easier to preserve records and determine what caused the crash.
Contact an experienced Indianapolis personal injury lawyer today.
Why Do Trucks Lose Their Loads?
Commercial trucks carry many types of cargo, from boxes and building supplies to heavy equipment. The cargo must be loaded and secured so it stays in place during the trip.
A truck may lose its load because of:
- Poorly secured cargo
- Broken straps or chains
- Overloaded trailers
- Uneven weight
- Poor loading methods
- Damaged doors or truck parts
- Failure to inspect the load
- Sudden turns or unsafe driving
More than one problem may cause a lost load. For example, cargo may be loaded poorly and then shift when the driver takes a turn too fast.
Finding the cause can help identify the people and companies responsible for the crash.
What Rules Apply to Cargo on Commercial Trucks?
Federal rules require many commercial truck loads to be secured against movement during normal travel. The Federal Motor Carrier Safety Administration’s cargo securement rules set standards for securing cargo on commercial vehicles.
The rules cover items such as tie-downs, blocking, and other methods used to keep cargo in place. Some types of cargo have added rules because of their size, shape, or weight.
A violation of a safety rule can be useful evidence after a crash. However, a claim still depends on the facts and proof showing what caused the accident.
Who May Be Liable for a Lost Load Truck Accident?
The truck driver is not always the only person responsible for securing cargo. Several people or businesses may take part in loading, inspecting, and moving a shipment.
Possible at-fault parties include:
- The truck driver
- The trucking company
- The cargo loading company
- The truck or trailer owner
- A maintenance company
- Another business involved with the shipment
A driver may be at fault for failing to inspect the cargo. A loading company may be responsible if workers failed to secure the shipment correctly.
A lawyer can review the records and work relationships to find each party that may share fault.
What Injuries Can Lost Load Accidents Cause?
Falling cargo can hit another vehicle directly or force a driver to make a sudden move. Both types of crashes can cause serious injuries.
Common injuries include:
- Broken bones
- Head and brain injuries
- Neck and back injuries
- Spinal cord injuries
- Internal injuries
- Cuts and scars
- Lasting disabilities
The injuries may require hospital care, surgery, therapy, or time away from work. Severe injuries can also create medical needs that continue for years.
What Compensation May Be Available?
A person injured in a lost load truck crash may seek payment from those who caused the accident. The available damages depend on the injuries and other losses.
A claim may include payment for:
- Medical bills
- Future medical care
- Lost wages
- Loss of future income
- Property damage
- Pain and suffering
- Lasting injury or disability
Medical records, wage records, and other proof can help show the value of these losses.
How Does Indiana Comparative Fault Affect a Truck Accident Claim?
Indiana uses a modified comparative fault system. In most cases, an injured person can recover damages if their share of fault is 50% or less.
Their payment is reduced by their share of fault. For example, a person who is 20% at fault may have their damages reduced by 20%.
A person who is more than 50% at fault generally cannot recover damages under this rule.
How Long Do You Have to File a Truck Accident Lawsuit in Indiana?
Indiana generally gives an injured person two years to file a personal injury lawsuit.
Some cases may have different deadlines or added requirements. It can also be important to begin gathering evidence well before the deadline.
Truck records may be lost, video may be deleted, and witnesses may become harder to locate. Starting early can help protect useful proof.
Contact an Indianapolis Lost Load Truck Accident Lawyer for a Free Consultation
A lost load truck accident can result from improper loading, inadequate cargo securement, poor inspections, or driver error. Determining what caused the cargo to fall can help identify who may be responsible for the crash.
Wilson Kehoe Winingham Injury Lawyers can investigate the accident, preserve important evidence, and help you pursue compensation for your injuries and other losses. Contact an Indianapolis lost load truck accident attorney today to schedule a free consultation and learn more about your legal options.