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New York Falling Debris

Large trucks such as semis 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 New York Falling Debris 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.
Falling Debris Risks

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
  • 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

Truck accidents can be devastating to a victim as well as to the victim’s family. Because of the size and weight of large trucks, even low-impact, low-speed accidents can have catastrophic results. Truck accidents can lead to devastating injuries. Through a personal injury lawsuit, New York law allows you to hold the negligent party responsible for the losses you suffered. Victims who suffer serious injuries in truck accidents have significant medical bills. In addition, because victims of serious injuries often have to miss a great deal of work or are unable to return to work at all, victims have the right to sue for lost wages and loss of earning capacity.

If your injury was the result of a work-related accident, you may be entitled to workers’ compensation benefits. New York's workers' compensation laws state that injured parties are entitled to compensation if they sustain a work-related injury. Compensation often comes in the form of medical expenses, lost income and benefits, loss of ability to earn, and more. However, it is important to know that worker’s compensation benefits are limited. Just because the accident occurred at work does not necessarily mean that you are limited to the benefit available through workers’ compensation.

New York Falling Debris Lawyer

If you or a family member was seriously injured by debris that fell from a 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.

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