Freeways and roads can become unsafe conditions. When semi-trucks carrying heavy or wide loads fail to properly fasten or secure their freight/cargo causing it to loosen, serious injuries can result. Often time victims of such injuries have plenty of questions including, who is at fault and what is the value of my claim?
If you have been injured as a result of flying freight or cargo from a truck, or any vehicle, you can recover for your injuries. Federal Law requires that “all loads be secured against dangerous displacement” Section 142.3 Labor Code. Essentially what this means is that the operator of the truck must take measures to ensure that load he is carrying is properly secured. The operator of the vehicle must take all reasonable measures to ensure that the load is fastened and will not displace during transit. Failure to meet such criteria can hold them liable for injuries caused. Additionally Federal Rules require that any bungee cord, tie down strap or other equipment used to fasten the load, must meet certain performance requirements. In other words, if the driver of the tractor truck, commercial vehicle or any automobile decides to transport cargo, they must make sure that it can be fastened properly. And any device used to secure the load, must meet certain integrity requirements to ensure it can safely hold in place the load.
When the driver fails to properly tie down the cargo, they may be found liable for damages incurred.
Often time’s drivers will take measures to tie down the freight or cargo. However, regardless of their efforts displacement or movement occurs. In such instances it is possible that the equipment or device used to secure the load was defective. Bungee cords, fasteners, anchors, tie down straps and other securing devices can fail. When such equipment fails to work properly, then a product liability cause of action is likely. In such cases the manufacturer and any retailer in the chain of supply will be liable for the injuries. In order to assess whether such products were defective our firm will employee experts to identify whether the product was defective. A battery of test will be conducted to verify whether or not the products were in fact defective. It is important to deal with a firm who has the resources and knowledge to help you. If you feel that your injuries were cause by a defective bungee cord, tie down strap or fastener contact our freight displacement attorneys for a free consultation.
A list of common products or materials that are known to come loose while on the highway and subsequently cause injuries include:
If you have been stuck as a result of cargo falling off a truck, contact our offices to speak to a truck accident attorney for a free consultation. Such injuries can be moderate to severe. Many times the weight of the cargo and speed of the impact can lead to serious injuries. In such instances it is important that you seek proper medical attention.
Can I sue if my father, mother, wife or child was killed? Unfortunately, certain types of accidents with falling cargo from trucks can cause death. In such cases you are permitted to bring a wrongful death cause of action. Under California law the immediate family including spouse, mother father and brother can bring a cause of action for death of a family member. In such cases they would be permitted to sue on behalf of the deceased party and seek recovery for the loss of life. While a wrongful death suit can be emotionally challenging, it is often times necessary. Many times the deceased is the primary earner for the family and his or her loss leaves both an emotional and economic void. Families are left without an income to rely on and medical bills, mortgage payments and other bills can begin to mount. It is important to seek legal assistance from a qualified firm. While money will never correct or bring back the loss of a loved one, it is necessary to help deal with the unexpected expenses. If our offices can be of any assistance feel free to reach out for a free evaluation of your case. Or if you currently have representation, contact us for a second opinion.
Downtown LA Law is a Los Angeles area injury law firm, working to fight for the rights of the injured daily. We strive to help those who have been harmed. If you have been injured or would like to seek a free consultation contact us (855) 339-8879.
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