There are numerous causes for why a truck may lose its load, spill its cargo, or have a tire come loose or blow altogether. It’s important to understand what happened in your particular case that caused the accident you were in, as the precise cause may have a large hand in determining who is responsible and what kind of settlement you are entitled to.
Speak with a qualified truck accident attorney with experience in these types of accidents as soon as possible following your crash to get the information and guidance that is most pertinent and beneficial to your case.
What causes a truck’s load to become loose or detached and cause an accident?
While most of these types of issues are preventable, there are still many truck accidents that stem from a load or cargo-related problem.
If a truck’s load isn’t properly secured, it often doesn’t take much for it to come loose or fall off entirely, potentially causing harm and injury to those around at the time of the incident. This can be due to a failure on the part of the team and individuals loading the cargo. Not using the proper mechanisms, failing to inspect their work before a truck heads out on a route, using old, damaged or other problematic tools can also contribute to loads being lost in transit.
Overloading cargo is another common issue that can cause accidents both small and severe. Too much weight, improper balance, cargo overhang, and/or items that shift during transit may be at play if you’ve suffered an accident due to a lost load or cargo spill accident.
Why does the cause of the loose cargo matter so much?
The cause of the cargo coming loose and/or detached determines liability. And liability ultimately determines the level of settlement that may be fair or likely in your case.
For instance, if the loading team or person was responsible and that team or person works for the trucking company and not a third party, the trucking company is likely to be deemed responsible for the failure and the ensuing accident it caused.
In the loading team or person was not an employee or the trucking company, but rather a third party loading company, that loading company is likely the liable party.
If the driver operating the truck was driving recklessly, negligently, or in any other manner that caused an otherwise properly-secured load to come loose, the truck driver him/herself may be the ultimately responsible party.
What should I do if I’m in an accident caused by a commercial truck’s wheel coming off?
It’s important to treat these types of accidents just as you would a lost load or cargo spill accident. Pull over immediately, call 911, document witnesses, take photos, and try to get as much information as you can to determine what happened. If you witnessed a tire appearing loose prior to its coming off, or if you witnessed the tire blowing and coming into traffic, note everything you can about what happened.
Call an attorney as soon as possible to explain the circumstances of what happened and for advice regarding what to do next.
Because liability can fall to large companies, and possibly not just one, it’s imperative to seek immediate legal advice before determining or engaging in any next steps or communication with the parties involved. Protecting your case and a fair settlement is far easier to do when an attorney is representing you and your needs from the very beginning.
