Cargo Fall Accident

Sometimes the most dangerous thing about a truck is not its size, weight, or speed, but is instead the cargo it is transporting. When a truck is transporting goods or merchandise and those goods or merchandise come loose and fall from the truck, any car in the path of the goods or merchandise become a target. Individuals have suffered crushing injuries and have been impaled because of objects falling from trucks. If a hazardous or flammable substance falls from a truck, nearby motorists may suffer burns or other similar injuries. After a falling cargo accident, determining fault may not be as clear-cut as it may seem initially.

Injuries Following Falling Cargo from Trucks

The injuries that nearby motorists or pedestrians might receive from falling cargo will vary depending on the nature of the cargo that falls off the truck and where the injury victim is in relation to the cargo. For example:

• A truck carrying heavy blunt objects (such as stones, other building materials, heavy machinery, or boxes) are most likely to cause crushing injuries to motorists who are following the truck in a car or who are passing alongside the truck as it is making a turn and pedestrians who may be nearby. Crushing injuries damage layers of tissue and bone, and can be fatal if the victim’s head and/or torso are affected. Crushing injuries to the arms or legs usually require the amputation of that particular body part. Blunt objects can also cause blunt force trauma to a person’s head or body.
• A truck carrying tubes, pipes, and/or rebar (or other similar objects) can cause piercing injuries to those who are behind the truck when the cargo comes loose. These piercing injuries will penetrate through the outer layers of skin and muscle and (depending on the force and whether the object strikes bone) can shatter bones before exiting the other side of the body. When the head or torso are affected, these piercing injuries can be fatal. If the head is pierced, a traumatic brain injury is almost certain to result. Non-life-threatening piercing injuries to other parts of the body may heal but will usually require one or more surgeries to remove the foreign object from the body.
• Chemicals or other dangerous materials can spill on the roadway or splash pedestrians. These materials may cause serious chemical burns if they come into contact with a person’s skin. Even if contact with skin does not occur, these materials may cause a fire or make the roadway slippery and dangerous for others traveling behind the truck. Burns can be quite painful and require multiple surgeries to repair the damage done by chemicals.

Whatever the nature of the injury, individuals who are injured by falling cargo from a truck need immediate medical attention. Emergency medical personnel should be summoned to the scene of the crash as soon as possible, and injury victims should obtain emergency treatment at the nearest hospital.

Challenges When Injuries Come from Falling Cargo from Trucks

Victims injured by falling cargo may find obtaining compensation from the responsible party or person difficult. A truck driver may not even realize that cargo has fallen and caused an injury, so the driver may continue on his or her way. Unless the injury victim or another witness is observant, it is unlikely that there will be information available to identify the truck driver or even the trucking company for which the driver worked. Identifying marks on the cargo may indicate where the cargo originated, but using this information to determine the identity of the truck driver takes time.

Not only this, but the person responsible for loading the cargo onto the truck may be responsible if the falling cargo occurred because it was improperly secured to the truck. This requires even further investigation into the case (and additional time and resources so this investigation can be carried out).

Where a truck driver is aware that falling cargo from his or her truck has injured someone else, the insurance carrier for the truck driver and/or trucking company may approach the victim and attempt to settle the case early. Victims who accept these settlements may find that the settlement award does not adequately address their injuries and losses.

Stern Law, PLLC Can Assist Victims Injured by Falling Cargo From Trucks

For this reason, victims injured by falling cargo need an experienced and resourceful attorney who can investigate the evidence available in the case and who can efficiently identify those responsible for the falling object accident. Stern Law, PLLC has the capabilities to help victims of falling objects. Attorney Ken Stern will use his knowledge and experience to locate and identify the parties whose negligence or carelessness contributed to the falling object and will fight on behalf of his clients to obtain compensation. Call Stern Law, PLLC at (844) 808-7529 if you or a loved one have been injured by falling cargo.