Truck accidents are a constant concern on our roads, and unfortunately, they are often the result of improperly secured or excessive loads. These situations endanger road safety and can cause serious damage, injuries, and even fatalities. Do you know how to act if you are a victim of a truck accident due to improperly secured or excessive loads?
In this article, we will tell you everything you need to know so that you can have the opportunity to demonstrate the driver or company’s responsibility in the accident and receive a million-dollar compensation that covers each of your injuries.
Don’t forget that as a victim of a truck accident, the law provides you with rights that you must defend at all costs. At Nonna Shikh Law, we are ready to help you seek justice and claim the benefits you deserve to achieve your financial recovery after an accident of this magnitude.
Call us now at 718-295-4000 or schedule a consultation so that we can evaluate your case and provide you with 100% personalized attention focused on the fulfillment of your rights as a victim.
Also, check out: Truck accidents due to driver fatigue or distraction
What injuries can arise from a truck accident due to improperly secured or excessive loads?
A truck accident caused by improperly secured or excessive loads can result in a wide range of injuries, some of which can be serious and potentially fatal. These injuries may vary depending on the nature of the accident, the speed of the truck, the type of load, and other factors.
Some common injuries that can arise from this type of accident include:
- Traumatic injuries: Occupants of other vehicles involved in the accident may suffer traumatic injuries such as bone fractures, bruises, lacerations, and open wounds. These injuries may result from direct impact with the truck or improperly secured load that comes loose during the accident.
- Spinal cord injuries: Truck accidents can cause spinal cord injuries such as herniated discs, spinal cord injuries, or even paralysis. These injuries can have long-term consequences and require intensive treatments and therapies.
- Brain injuries: The violent impact of a truck accident can cause traumatic brain injuries such as concussions, intracranial hematomas, or diffuse axonal injuries. These injuries can result in temporary or permanent symptoms such as headaches, dizziness, memory loss, cognitive difficulties, and mood changes.
- Neck and back injuries: The sudden and abrupt movement during a truck accident can cause neck and back injuries such as whiplash, disc injuries, and nerve damage. These injuries can be painful and require prolonged treatments such as physiotherapy and medication.
- Internal injuries: The force of impact in a truck accident can cause internal injuries such as internal bleeding, organ injuries, and damage to vital body systems. These injuries can be potentially fatal and require immediate medical attention.
- Psychological injuries: In addition to physical injuries, truck accidents can have a significant emotional impact on victims. Post-traumatic stress disorder, anxiety, depression, and other psychological disorders may develop as a result of the accident and require therapeutic attention.
If you are injured in a truck accident caused by improperly secured or excessive loads, the law grants you the right to recover all expenses generated by your injuries through a million-dollar compensation. To do this, it is important to demonstrate the driver’s responsibility with the help of an accident lawyer.
How to prove driver or company negligence in these cases?
To prove driver or company negligence in a truck accident case due to improperly secured or excessive loads, it is important to consider several aspects during the legal process, which will provide you with the necessary evidence to support your case before any authority.
The factors that can help you demonstrate negligence in these cases are:
Documentary evidence
Collect all available documentary evidence, such as cargo records, shipping documentation, invoices, and any other record related to the transported load. These documents can help demonstrate that the load was improperly secured or exceeded the allowed limits.
Accident reports and eyewitnesses
Obtain copies of the official accident reports made by competent authorities. Also, identify and interview eyewitnesses of the accident who can provide information about the load, its appearance, or any negligent behavior by the driver or company.
Compliance with regulations and standards:
Investigate and familiarize yourself with local, state, or federal regulations and standards related to the transportation of cargo by trucks. If it can be demonstrated that the driver or company did not comply with these standards, it could strengthen the argument of negligence.
Expert reports and witnesses
Consider hiring truck accident experts such as traffic engineers, road safety experts, or cargo specialists. These professionals can perform technical analyses and provide expert testimony to support the claim of negligence.
Record of conduct and training:
Investigate the driver and transportation company’s history. If there is evidence of previous negligent conduct, safety violations, or lack of adequate training in handling the load, it can be used to demonstrate a lack of diligence by the driver or company.
Vehicle maintenance
If the accident was due to a mechanical failure of the truck, it is important to investigate and collect vehicle maintenance records. This can help determine if proper maintenance was performed and if there was negligence in that regard.
Get legal assistance to defend your rights as a victim
Truck accidents caused by improperly secured or excessive loads are dangerous situations that can have devastating consequences. For this reason, establishing driver or company negligence is crucial to seek justice and obtain appropriate compensation for the damages suffered.
If you have been a victim of a truck accident due to improperly secured or excessive loads, it is important to seek the support of a truck accident lawyer. At Nonna Shihk Law, we understand the challenges that accident victims face and are committed to providing the legal representation you need.
Call us today at 718-295-4000 or schedule a consultation so that you can receive a free evaluation of your case. Through personalized, clear, honest, and direct attention, you can obtain the compensation you deserve and resolve your case without further inconvenience.
You may also be interested in: The most common types of injuries in traffic accidents and how to treat them.
FAQs
What evidence is needed to prove driver or company negligence?
To prove driver or company negligence in cases of truck accidents due to improperly secured or excessive loads, a variety of evidence is required. This evidence may include cargo records, shipping documents, accident reports, eyewitness testimonies, vehicle maintenance records, and compliance with applicable regulations and standards.
Additionally, having the support of truck accident experts can strengthen the case by providing technical analysis and specialized testimony. All this evidence is used to demonstrate that there was a lack of diligence on the part of the driver or company, which resulted in improperly secured or excessive load and contributed to the accident.
What is the difference between driver responsibility and company responsibility in these cases?
In cases of truck accidents due to improperly secured or excessive loads, responsibility may fall on both the driver and the transportation company. On one hand, driver responsibility relates to their negligent conduct, such as improperly securing the load or exceeding weight limits.
On the other hand, company responsibility is based on their duty to ensure that cargo regulations are met, provide adequate training to the driver, and maintain proper vehicle maintenance. Both parties may be considered responsible for different aspects of the accident, and the evidence gathered will determine how responsibility is assigned between the driver and the company.
Is it possible to file a personal injury lawsuit in cases of truck accidents due to improperly secured or excessive loads?
Yes, it is possible to file a personal injury lawsuit in cases of truck accidents caused by improperly secured or excessive loads. If you have suffered injuries as a result of this type of accident, you have the right to seek compensation for your damages, which may include medical expenses, loss of income, pain and suffering, and other related damages.
At Nonna Shikh Law, we are prepared to help you seek justice for each of your injuries in this type of accident. Call us at 718-295-4000 and let’s start fighting for your rights.
The team of writers of Nonna Shikh is made up of a group of lawyers specialized in personal injury, traffic, construction and slip and fall cases. Each member of the team has extensive experience in their area of specialization and is committed to providing the best defense and compensation to their clients in New York City.