Trucks haul large quantities of heavy and sometimes dangerous cargo across Florida. When a commercial driver or trucking company fails to adequately secure a load onto its vehicle, it can roll off and strike other motorists or pedestrians. The truck accident lawyers at Frankl & Kominsky represent individuals in Boynton Beach and nearby cities who have been injured by falling debris. Our experienced staff can help you seek damages from a big rig driver, his or her employer, or any other party that failed to adequately secure cargo onto a commercial vehicle.Risks Posed by Falling Debris
To ensure the safety of everyone on the road, truck drivers and trucking companies must comply with federal regulations regarding the proper securement of their cargo. They must carefully tie their loads onto their big rigs and correctly distribute the weight to prevent it from falling onto the road. Florida has adopted the federal rules that govern the trucking industry, which means that trucks traveling exclusively within the state must also comply with them.
If the cargo on a commercial vehicle becomes loose, it can:
- Roll off and strike a car behind it;
- Force another driver to brake or swerve suddenly to avoid hitting falling debris or debris already on the road;
- Release toxic chemicals into the air; or
- Create a slippery or otherwise dangerous road condition.
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.File a Negligence Claim to Protect Your Rights
If you have been hurt by falling debris from a truck, you can attempt to recover damages from any party that failed to load it in accordance with regulations. Florida gives you the right to sue an individual or company that caused your harm. Since falling debris from a truck is usually the result of carelessness, you can base your claim on a theory of negligence.
This may apply when a party has an obligation to act with a certain level of care but fails to do so and causes injury to others as a consequence. Big rig drivers and trucking companies are responsible for ensuring that the cargo on their vehicles is adequately stacked, loaded, and secured before they take to the roads. Truckers must also periodically check their loads while in transit and make any necessary adjustments to ensure that they remain properly fastened on the vehicle. If debris falls off the truck because either the driver or his or her employer was careless, it may be held responsible for any damage or injuries. A victim of a resulting crash would need to draw a direct causal link between this breach of the duty of care and the accident, while identifying quantifiable costs or losses that he or she incurred.
Evidence is sometimes intentionally altered, lost, or destroyed in high-stakes truck accident cases. You may prevent this unlawful conduct by taking prompt legal action after a crash. However, a party that tampers with evidence can face sanctions if it is brought to the attention of the court. Possible penalties include an adverse jury instruction and the exclusion of expert testimony.
If you prove liability against a truck driver, trucking company, or other defendant, you may be able to recover damages for your harm. This can range from compensation for any past and future medical bills to reimbursement for property damage and loss of income. Some more subjective forms of damages also may be available, such as pain and suffering. You have four years from the date of an accident to file a Florida personal injury claim.
If your relative died in a collision caused by someone else’s negligence, you can seek damages through a wrongful death lawsuit. You may be able to get compensation for your loved one’s medical bills and funeral costs, as well as other damages based on your relationship to the deceased person, but you must file your claim within two years.South Florida Lawyers Assisting Victims of Big Rig Crashes
At Frankl & Kominsky, we aggressively pursue injury claims on behalf of South Florida victims and their families. Our big rig crash attorneys have substantial experience handling catastrophic and complex accident cases. We can investigate the scene, consult with experts, and move quickly to secure evidence. We will work to assert your right to the appropriate level of compensation for your injuries. Our clients come from communities throughout the state, including Deerfield Beach, Coral Springs, and Miami. For a free consultation, call us at (855) 800-8000 or contact us online. We are fluent in Spanish and Creole.