Accidents involving 18-wheeler trucks can be incredibly dangerous on the road, even more so when they arise from insecure or improperly managed cargo. When loads are inadequately secured, shifting or loose cargo might fall onto the roadway and result in a disastrous accident marked by multi-vehicle involvement.
Knowing what to do after an accident and who exactly bears responsibility for cargo-related accidents is essential for you to recover the compensation you’re entitled to.
What To Do After a Cargo Accident
Understanding what steps to follow under such distressing circumstances not only safeguards your well-being but also protects your legal rights moving forward. Here’s what you should do:
- Ensure Safety: The first priority following such an accident should be securing your safety and that of others involved in the incident. If possible, attempt to move away from traffic and get to a safe location.
- Notify Authorities: Once immediate safety concerns are addressed, inform the local police or relevant law enforcement authorities about the accident. Doing this ensures that an appropriate legal paper trail is initiated which later serves as crucial evidence when claiming compensation.
- Document thе Accidеnt Scеnе: Nеxt, you’ll want to document as much about your surroundings as possiblе. Collect photographs showing thе positions of involvеd vehicles, road conditions, and damagе incurred by thosе vehicles. Make it a priority to gеt photos of thе cargo and how thе cargo contributed to causing this accidеnt.
- Exchange Information: Exchange relevant dеtails with all involvеd partiеs. This includes names, contact information, and insurancе and registration information. Also make sure you gеt thе name and contact information of any eyewitnesses.
- Sееk Medical Attention: You should always sееk medical attention aftеr an accidеnt, еvеn if you don’t initially fееl injured. Adrеnalinе or shock from thе evеnt may mask injuriеs that could surface later on. Kееp in mind that mеdical records also act as credible еvidеncе of injuriеs sustained and treatments sought following your accidеnt, which can lеad to compеnsation.
- Consult with an Attorney: If the cargo-related accident results in significant harm or monetary damage to you, it is wise to consult with a New Mexico truck accident lawyer well-versed in handling these types of cases. They can provide expert guidance on the best course of action, handle investigations, and fight aggressively for rightful compensation when necessary.
Potential Liable Parties in a Cargo Accident
In accidents caused by cargo from an 18-wheeler truck becoming unsecured or falling onto the roadway, numerous parties may bear legal responsibility. Determining liability is a convoluted task as it depends on multiple factors related to the specific incident. The following parties could be responsible:
Truck Driver: Depending on their work agreement with the carrying company, truck drivers frequently have responsibility over loading and securing the freight correctly. If an accident ensues from improperly secured cargo, liability could fall on the driver.
Trucking Company: Often, a trucking company can be held liable for cargo-related accidents if they were negligent in their responsibilities. This could include failing to properly train employees on loading procedures, not conducting regular vehicle inspections or maintenance checks to ensure safety features are working correctly, or violating regulations regarding weight limits
Third-Party Entity: Occasionally, those directly involved with driving or owning trucks aren’t responsible for dealing with their cargo. If an accident resulted from incorrect freight loading overseen by an external party different from the driver/truck company itself, this third-party could potentially be held accountable.
Truck Manufacturer: The party responsible for building the truck used might also be liable in cases where faulty design or manufacturing flaws concerning a truck’s cargo securements contribute towards an accident. Manufacturers are supposed to equip trailers with load-securing elements that conform to Federal Motor Carrier Safety Administration(FMCSA) regulations. Deviations from these requirements could make them liable for an accident.
Determining liability in a cargo accident can be overwhelming. However, you don’t have to take this journey alone – we’re here to provide professional assistance during these challenging times. Contact us today to schedule a free consultation.