Illinois Personal Injury Attorney

Who is Legally Responsible for a Crash Caused by Unsecured Truck Cargo?

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More than 70 percent of goods transported across the country are moved by large commercial trucks. Unfortunately, semi-trucks, flatbeds, and other cargo-carrying trucks can also present a deadly threat to motorists and passengers. If you or a loved one were hurt in an accident caused by loose or fallen truck cargo, it is important to understand your legal options. You may be able to hold the at-fault party accountable through a truck accident injury claim. You may also be entitled to monetary damages. However, to recover damages, you will need to know who is at fault.

Accidents Caused by Improper Loading and Securement of Truck Cargo

Though rare, truck cargo can sometimes spill out of the truck and onto the road. Objects may strike a vehicle and injure an occupant directly or cause the driver to lose control of the vehicle and crash. Accidents may also occur because motorists are trying to avoid the fallen truck cargo on the road.

Improperly secured truck freight can also cause problems if it remains in the truck. When truck cargo is unevenly distributed, it can make the truck harder to control and increase the risk of a truck accident. Unsecured truck cargo that shifts inside a truck’s trailer can even cause the truck to tip over.

Understanding Liability in a Truck Crash

The party or parties who are at fault for a truck crash vary from case to case. Often, the trucking company is responsible for unsecured truck cargo. The Federal Motor Carrier and Safety Administration requires carriers and truck drivers to meet certain cargo securement standards. If a trucking company or truck driver failed to meet these standards and the lapse causes an accident, the company may be liable for damages.

Sometimes, faulty equipment is the cause of a fallen cargo truck accident. For example, defective securement devices like tiedowns may not be strong enough to support the cargo. A company that designed or manufactured faulty equipment may ultimately be responsible for damages in a truck accident case.

Contact a Joliet Truck Accident Lawyer

Truck cargo that is improperly loaded or secured can lead to horrible truck crashes. If you were injured or your loved one was killed in a truck crash, you may be able to seek justice through a truck accident injury claim. You may also be entitled to financial compensation for medical expenses, lost income, and other damages. Michael J. Lichner – Will County Personal Injury Lawyer has the experience and knowledge to help. Message us or call us at 815-730-1977 today for a free consultation.

Sources:

https://www.fmcsa.dot.gov/regulations/cargo-securement/drivers-handbook-cargo-securement-chapter-2-general-cargo-securement

https://markets.businessinsider.com/news/stocks/trucking-industry-facts-us-truckers-2019-5

Have Any Questions?

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How do I know if I have a case?

The most basic grounds for a case are that you’re hurt and it’s someone else’s fault, legally. There are multiple legal standards that may apply.

Most cases are accidents. The party responsible doesn’t necessarily have to have hurt you on purpose. Simple negligence, which is just an unreasonable absence of care, can be enough for the victim to have the right to compensation. In other words, you might have a case, even if it was an accident.

Ask us for your personal consultation. We can learn about what happened in your case and explain how the law may apply.

How will the value of my case be determined?

The purpose of a personal injury case is to compensate you fairly for the losses that you have suffered. That includes financial losses, plus the physical and emotional suffering that goes along with injuries. The question to answer is – What has the personal injury cost you, financially and personally?

There are other factors that may impact the value of a case. Comparative negligence may apply, for example. Punitive damages may be awarded, subject to statutory limitations and requirements for pretrial motion and hearing to amend the complaint. The legal strength of the case may also impact its value.

At your consultation, we look at your specific case and explain how the value of your case may be determined.

Will I have to go to court for my personal injury case?

Most Personal Injury cases don’t go to court, but we’re always ready just in case. In fact, aggressively preparing your case can be exactly what’s needed to reach a fair settlement. We’re always ready to pursue your interests as long as necessary for you to get justice.

It’s normal to be nervous about court. Many people ask us if their case will go to court, hoping that the answer is no. Rest assured that you’re hiring us to represent you. We’ll speak for you to the court. If it’s your turn to testify, we’ll make sure that you’re fully prepared and that you know what to expect.

As your legal representative, Michael L. Lichner works to understand your goals for litigation. He’ll discuss the pros and cons of going to court and help you make the right decisions for your case.

What types of damages can I recover in a personal injury lawsuit?

In a personal injury lawsuit, you can recover damages for the losses you have – financially and personally. You’ll have direct financial losses which may include medical bills, physical therapy, lost wages, and damaged property. You can put in a claim for these expenses.

In addition, when you have a personal injury, you suffer in a lot of ways that can’t be measured directly. For example, you will have physical pain. Injuries may cause mental injury and emotional anguish. Your lifestyle may change. These are real losses, too.

How can I have attorney Michael J. Lichner represent me?

If you’re interested in hiring Michael J. Lichner, contact us. Call or message us, and we’ll take it from there. We offer free consultations and no fee unless we win.

We’ll start with a consultation, answer your questions, and explain how representation works. When you pick us as your representation we’ll get right to work!

Don’t wait, contact us today!

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