While most trucks are loaded properly and driven responsibly, sometimes, truck cargo is improperly secured. Loose or falling truck cargo creates a deadly hazard for other motorists, with the possibility that the debris may strike another vehicle and cause catastrophic damage. Motorists may also get into an accident while swerving out of the way of the fallen truck freight. Cargo that is loose can shift within a trailer causing a truck to become dangerously off-balance and out of the truck driver’s control. If you or a loved one were harmed in a truck accident caused by shifting or loose cargo, you may be entitled to compensation.
Determining Who is Liable For Your Truck Accident
Liability for your accident may fall on several different parties. It is also possible that more than one party’s actions contributed to the severity of the accident. The party legally responsible for your injuries may be:
The truck driver;
The party who was responsible for loading and securing the truck cargo;
The trucking company; and,
The company who designed or manufactured the securement devices.
Comparative Negligence in Truck Accident Cases
Some people assume that they cannot file a personal injury claim and pursue financial compensation for their injuries if their own actions contributed to the accident in any way. However, this is often not the case. Personal injury claims in Illinois are subject to a legal doctrine known as comparative negligence. According to this rule, an injured person may seek compensation through an injury claim as long as he or she is considered less than 51 percent responsible for his or her own injuries. If you were speeding at the time of the accident or otherwise acted negligently, you may still be entitled to financial compensation. However, the damages you may receive would be reduced according to your percentage of fault. For example, if your damages totaled $100,000 and you are found to be 10 percent at fault, you could still receive $90,000.
Types of Damages in a Loose Freight Injury Claim
Damages is the term used to describe the losses experienced by an injured person. Damages in a truck accident case often include:
Medical expenses related to hospital care, surgery, x-rays, diagnostic tests, physical therapy, prescription medication, and other medical needs;
Damage to the vehicle and the personal property inside the vehicle;
Lost wages from missed work;
The harm to your income-earning capacity; and
Physical pain and mental anguish caused by the accident.
You may be eligible for compensation for these damages and other expenses incurred by the accident.
Contact a Barrington Truck Accident Lawyer
It is the duty of all parties involved to ensure that trucks are safely loaded and properly maintenanced before they hit the road. If you or a loved one were harmed in a truck accident caused by loose truck cargo or falling debris, contact Barrington Injury Attorneys to discuss your legal options. Call our office today at 847-381-8700 and schedule a free consultation with one of our skilled Cook County personal injury attorneys.