Who is responsible for cargo spills and truck accidents, with few exceptions the truck accident will be the fault of the truck driver or trucking company. First, you probably expect them to drive safely – they should know how to properly operate one of these trucks so that their cargo doesn’t shift too far to one side and cause a rollover, for example.
Next, you expect their cargo to be properly secured. There are few things more dangerous than unsecured cargo on a busy highway or even a side road – drivers have enough to worry about without having to dodge products that have fallen into the street, after all.
We’re of the belief that these expectations are pretty reasonable!
Unfortunately, cargo spill accidents do happen and, as you can imagine, they can spell havoc for the drivers unfortunate enough to be sharing the road with that negligent truck driver.
Maybe you know this firsthand – you’ve experienced an incident resulting from a cargo spill accident and are now dealing with injuries, mental stress, and medical bills. If so, we’re here to help!
if you’ve been the victim of a cargo spill-related truck accident, you’re legally entitled to compensation. Below, we’ll go over some of the causes of cargo spills to help you determine who’s liable, and then we’ll look at what types of compensation you’re entitled to for cargo spills and truck accidents in Texas.
Who’s Liable for a Cargo Spill-Related Accident?
Cargo spills are always the result of some type of human error. The driver or company may have overlooked something, whether regulations created by the company itself or federal regulations.
In many cases, the driver of the truck is clearly at fault. If he or she is very tired, they may be more likely to “cut corners” – for example, the driver may turn the truck too quickly, which can throw the cargo off balance. This can result in high levels of pressure that cause the doors to burst open, spilling objects out onto the road. Additionally, since they have a high center of gravity, trucks are actually more likely to roll over than other vehicles and so exact, proper balance of cargo is incredibly important. If the driver was distracted, perhaps through texting, they can be held liable. The same is, of course, true if they were inebriated.
A cargo spill is not always the driver’s fault, however: sometimes it’s the company they’re employed by that has “cut corners.” For instance, the cargo could have been improperly loaded at the company’s loading dock. Additionally, if the driver was exhausted and protested working a job at that moment but was instructed to do it anyway, the company may be considered at fault. The company would also be at fault in cases where the straps provided were defective or otherwise not in accordance with government regulations.
Finally, if it can be demonstrated that a poorly-maintained road resulted in the spill, the municipality where the incident occurred could be held liable instead of the driver or company.
What Compensation Could I Be Entitled To?
You’ll be glad to know that, pending a successful case, Texas residents involved in a truck accident are entitled to seek compensation for medical expenses. Beyond that, victims may also seek compensation for lost income, loss of future earnings, disability and/or mental anguish, and access to alternative transportation.
The law is on your side, and a variety of other benefits are available – whatever negative effects you’ve sustained due to a cargo spill-related accident, you can rest assured that there’s at least one legal provision your truck accident lawyer will be aware of that will help you receive the compensation you’re entitled to.
Cargo spills shouldn’t be something drivers have to worry about but they can and do occur. However, it doesn’t make any sense that the victim of someone else’s error should have to pay exorbitant medical fees or lose income on top of worrying about their recovery.
To make sure you get the reimbursement you deserve, it’s important to work with an experienced law team, preferably one that has experience dealing with cargo spill and truck accident cases – keep in mind, though, that the Texas statute of limitations for personal injury is two years, so be sure to get started on filing your claim within that timeframe.
We here at the law offices of Bayou City Law are one such team. If you’ve experienced an injury, whether emotional or physical, or have run into financial problems as the result of a cargo spill or other truck accident, feel free to contact us today and we’ll be more than happy to take a look at your case and begin the fight for your rights.