Brooklyn Falling Debris Injury
Large trucks such as flatbeds, dump trucks and tractor trailers typically carry thousands of pounds of cargo. The type of cargo varies from truck to truck. Regardless of the type of cargo, federal law requires that truck drivers and trucking companies properly secure such cargo to ensure that it does not shift or fall. Truck drivers are required to carefully tie their loads and correctly distribute the weight to prevent it from falling onto the road causing a serious car accident. In fact, if a load does fall while the truck is traveling the result would likely be a serious collision causing damage to other vehicles and injury to passengers. Victims of falling debris accidents often suffer serious injuries such as a brain injury, contusions, broken bones, internal injuries, amputations, paralysis, or spinal cord injury. Sadly, many victims of truck accidents do not survive. If you were injured in a truck accident caused by falling cargo, it is important that you immediately contact a Brooklyn Falling Debris Injury Lawyer as you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering through a personal injury claim. Furthermore, if while treating you for your injuries your doctor is makes a mistake that seriously injuries you resulting in a medical malpractice claim, the truck driver may be legally required to compensate you for that as well.Federal Cargo Securement Requirements
Those who drive large commercial trucks such as tractor trailers are required by federal law to make sure that cargo is properly secured in order to prevent a collision, injury, loss of life, damage to the cargo, damage to the truck, and damage to other vehicles. The Federal Motor Carrier Safety Administration issued the North American Cargo Securement Standard that provides the steps that must be followed to insure that cargo is properly secured. The rules state that cargo transported on the highway must remain secure within the truck under all conditions that could reasonably be expected. The load must be secured in such a way to prevent the following:
- A leak or spill of liquid or debris
- Blow off the vehicle
- Fall from the vehicle
- Fall through the vehicle
- Shift within the vehicle to such an extent that the vehicle's stability or maneuverability is adversely affected.
If a truck driver fails to properly tie his or her load in compliance with New York State and federal regulations, the following are the possible consequences:
- Strike a vehicle. A loose load can fall off onto a car traveling behind the truck.
- Force vehicle to swerve. A loose load can call off and force the driver of another vehicle. For example, recently an 18-wheeler caused an accident when the driver of the truck attempted to avoid a desk that had fallen off of another truck and landed in the middle of the highway.
- Create dangerous road condition. Debris that has fallen onto a roadway can make the road wet, slick or in some other way dangerous.
If falling debris causes an accident, the party responsible for securing the load can be held liable for any injuries that result from the crash.Pursuing a Claim
If you or a loved one was injured in a truck accident you may be able to recover damages from the truck driver, trucking company, or owner of the truck. Such damages may include:
- Medical expenses. The medical expenses that you incurred for treatment of the injury, including expenses related to an emergency room or hospital stay, surgery, and ongoing visits to the doctor. In addition to expenses that you incurred at the time you filed the lawsuit, you can also sue for future medical expenses.
- Lost income and compensation. While you recover from your injuries you may miss work. The amount of work that you miss depends on the severity of your injury and the treatment required. When you miss work you may lose both wages as well as other types of compensation.
- Pain and suffering. Pain and suffering awards are linked to both the emotional trauma and the physical pain you experienced because of the accident and injuries. For example, those who experience severe injuries often suffer depression, anxiety, frustration, bitterness, inconvenience, and mental anguish. Moreover, injury victims often have to cope with emotional and mental issues related to permanent disfigurement, pain, and extended limitations on physical activities.
- Wrongful death. If a family member was killed in a truck accident, you may be able to pursue damages in a wrongful death lawsuit.
Beware that New York law has a specific time limit for filing a personal injury or wrongful death claim. If you do not file your claim within the time period, you will be forever barred from collecting damages even if your case has merit.Brooklyn Falling Debris Injury Lawyer
If you or a family member was seriously injured by debris that fell from a dump truck, tractor trailer or any other type of commercial truck or was injured in an accident caused by falling debris, New York law gives you the right to sue the truck driver or trucking company responsible. Contact Stephen Bilkis & Associates, PLLC to discuss the details of your case. Our staff is experienced in handling claims resulting from truck accidents, as well as SUV accidents, car accidents, and motorcycle accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.