Trucking Debris Accidents
You probably do not often think of what will happen if something flies off of your vehicle as you are driving down the road. Of course, your vehicle probably does not have a lot of areas from which loose debris dislodge, and you are not transporting anything on the outside of your vehicle.
But consider the case of an 18 wheeler flying down the freeway, going no less than 75 miles per hour carrying several tons of coiled up steel on a flatbed trailer on its way to an auto factor. Then consider what happens when the last coil on the flat bed breaks lose, and the steel starts rolling uncontrolled down the freeway. While you may have purchased that SUV because it is safer than a compact car, your SUV is going to be no match for 3 tons of coiled up steel coming at you sideways.
Things like that are not supposed to happen, and generally do not happen when safety protocols are followed. The truck or trailer could have been loaded improperly. It could have been secured with improper technique. The load could have been secured with damaged equipment that was beyond its last leg. When something like that happens, it is usually caused by one thing: error of a person(s) connected to the trucking company.
The damages from something like this happening can be catastrophic, involving severe damages to persons traveling in multiple vehicles and death.
The carrying of freight by commercial vehicles on our Federal interstate system is governed by Federal Motor Carrier Safety Regulations. An attorney experienced with trucking related litigation can find the necessary witnesses to testify about loading, and securing cargo in a truck, and why a failure of this magnitude happened. An attorney experienced with trucking related litigation will know what information to demand from the trucking company, and will know that it is necessary to secure that information as soon as possible after the crash so that it does not get “lost” by the trucking company.
That is why it is imperative, if you are injured in an accident involving a commercial truck, that you immediately contact an attorney familiar with the Federal regulations concerning trucking, and trucking litigation in general. That attorney can demand the trucking company maintain the records, and even file a lawsuit to preserve evidence if necessary. And while suggesting to a jury that missing evidence is only missing because it is damaging to the trucking company, actually having that evidence and being able to show it to a jury will put your case in a much better position.