Establishing negligence and liability is a rather complicated process when it comes to truck accidents. Therefore, when an accident is caused due to an object falling off from a truck it makes things even more complex in terms of who was liable for the accident and the injuries and damages resulting from it.
According to Albuquerque, New Mexico truck accident lawyers, objects falling from trucks and resulting in accidents is not as rare an occurrence as one may imagine. Hundreds of people die or are seriously injured due to falling object accidents every year.
If you need legal help and if some truck driver did not secure their load properly they should have a finger pointing at them. You can enlist a legal helping hand so they can point a legal finger at this person too. You can find formidable legal help using this site: http://accident.usattorneys.com/new-mexico/.
Such victims are eligible for compensation and will be awarded economic and non-economic damages provided that they are able to prove that the falling of the object was a result of negligent loading or handling. If you or anyone you know is in a similar predicament, the best help you can get is from a golden New Mexico truck accident lawyer well versed with trucking laws who will be able to prove negligence in a courtroom.
One of the main factors that come into play during a falling object accident is the proximity in time between the accident itself and the time when the object actually fell from the truck. It needs to be shown that the object that fell was indeed the cause of the accident.
Tree Log Example
To explain how this factor affects the lawsuit more transparently, let’s take a look at an example. Assume that a truck was carrying a payload of tree logs, and some of these tree logs happened to fall off the compartment of the truck when the driver made a turn and then sometime later a man drove his car into one of the tree logs lying on the road. In this case there is the possible argument that the driver of the truck was not exactly negligent, which will have an impact on the amount you can recover through damages.
However, according to Albuquerque, NM truck accident attorneys, if the tree logs happened to have fallen off the truck and almost directly onto the car (not giving the driver of the car any time to react whatsoever) and it can be proved that the tree logs were loaded incorrectly or negligently then the victim will certainly be awarded unrestricted damages.
Most likely if you run into the tree log and you could not have avoided or you swerved to miss the log which causes a wreck, the truck driver and/or truck company is liable.
Negligence and a Cargo Shipper
The answer to this question depends on the specific circumstances. If the shipper of the fallen cargo assisted in the negligent loading of the payload then they may be sued for damages. However, if they simply handed over the payload to the trucking company and were not responsible for securing it onto the truck itself, then it is simply not their fault and they cannot be held liable. Someone can though and someone will. We cannot have mayhem on the roads.
In summary, accidents caused by falling objects are complicated in terms of proving liability and negligence. The best course of action if you are involved in such a crash is to consult with a New Mexico truck accident lawyer with extensive experience in similar cases.
Hitting a large object on the road while you are traveling at high speeds can be devastating. You do not have to explain that to anyone. Using this legal website, you can bring a devastating suit to the other side. This can be more of an impact than what happened on the road.