Truck accidents are devastating, especially when they involve lost loads. When such an accident occurs, you can make compensation claims for lost-load truck accidents. You need legal representation by an attorney who is conversant and experienced in law to help you take the necessary action.
Lost Load Truck Accidents And What Causes Them
Some truck accidents involve lost loads. These happen when cargo hasn’t been secured correctly. The truck is involved in an accident and the cargo spills out on the roadway. This can cause extensive damage to anyone or anything in the vicinity of the accident. Affected parties in this type of accident include cyclists, pedestrians, bystanders, and other vehicles. These accidents result in fatalities, injuries, and property damage.
There are more risks if the freight is combustible or hazardous. This adds explosion and fire risks. All road users should be careful as they drive around trucks loaded with hazardous materials.
In many cases, lost-load truck accidents are due to vehicle malfunction and driver negligence. Losing cargo because of careless driving or poor maintenance habits creates hazards on the highways and roads, which could lead to even more accidents. Some common causes of lost-load truck accidents include:
Debris On The Road
If a truck hits debris while in transit, the load can come loose depending on the impact. Debris on the road accounted for around 25,000 accidents in 2021. After a lost cargo accident, even more, debris gets scattered over the road. Accidents can cause damage and spills depending on the nature of the cargo. Chemical spills may have harmful environmental effects for years to come.
Driver Fatigue
This is one of the leading causes of lost-load truck accidents. Truck drivers typically have to contend with long driving hours and sometimes overnight driving. This breeds dangerous situations where mistakes can easily be made when the drivers are too tired to concentrate. Those who drive overnight or take longer shifts tend to cause more accidents.
Bad Weather
In Houston, Texas, bad weather can cause serious truck accidents. This is mainly because snow storms or heavy rains impact visibility. Making miscalculations in such conditions can be dangerous. High winds also make trailers unstable because of the swaying. This heightens the risk of an accident happening.
Poor Truck Maintenance
Inadequate truck maintenance is the other culprit associated with road accidents. A truck needs to be serviced and maintained. Areas like the suspension system and breaks need regular inspection. If you don’t take proper care of a truck, it can fail without warning even while in operation. Poor maintenance causes mechanical blowouts with the potential of truck parts coming apart on the road.
Driver Inexperience And Negligence
Driver’s inexperience or negligence can lead to lost-load truck accidents. An inexperienced driver may lack awareness on the road. He or she may not know how serious maintaining the speed limit is and may drive recklessly in traffic. This further increases the chances of causing an accident. The reckless behavior may loosen the load in the event of an accident.
Lost-load truck accidents can be prevented by creating awareness and education to promote safe practices among truckers. In addition, police oversight of areas with heavy traffic can go a long way toward mitigating accidents.
Compensation Claims That Can Be Made After A Lost Load Truck Accident
When a lost-load truck accident occurs, the parties involved may be eligible for financial compensation for various damages. These include:
Medical expenses: This is the cost of all medical care, rehabilitation services, prescription medication, surgeries, and hospital stays.
Lost wages: An accident can cause injuries that make it hard to work. Lost wages claim needs to be filed in such a case. Make such a claim to cover the entire period of incapacitation.
Property damage: If the accident lead to damage to personal belongings or your car, pursue compensation to cover replacement and repair costs. This includes the purchase of another car if a total loss is declared.
Compensation for lost earning potential: If the accident caused injuries that affected your ability to work, filing lost income claims is necessary.
Non-economic damage: In Houston, you may be eligible for non-economic damages. The nature of such damages is subjective. Some of these include:
- Loss of consortium
- Emotional distress
- Mental anguish
- Pain and suffering
Wrongful death claim: In 2021, 4,714 people died in truck-related accidents. If a lost-load truck accident led to the loss of a loved one, you can make a wrongful death claim. In this case, some costs that can be covered include burial and funeral expenses and lost future income. Loss of guidance, care, and companionship also fall under this category.
Proving Fault In Texas Lost Load Truck Accidents
You need evidence to prove fault in these types of accidents. This evidence can help prove fault and includes:
- Police report: This is very handy in lost-load truck accident cases and is a legal requirement. They can offer great value regarding who’s responsible.
- Eyewitness accounts: These accounts are important when determining who was at fault during the accident. Eyewitnesses can give a different angle and shed more light on the events leading to the accident. This includes things like poor conditions on the road or erratic driving. Surveillance videos can also be beneficial in such a case.
- Trucking company procedures and policies: This can be used to prove whether there were any breached protocols by the company in an effort to reduce the costs and time taken to transport the load.
- Truck driver logs: Driving logs can show whether there was reckless behavior and violations on the driver’s part.
- Truck maintenance records: These records offer information about a truck’s condition when the accident occurred. This sheds light on the condition of the vehicle prior to the accident. Determining the roadworthiness of the truck helps determine liability.
Get In Touch With A Qualified Lawyer In Houston, Texas
After evidence is collected from the available sources, it needs to be evaluated. An experienced lost-load truck accident lawyer should be hired as soon as the accident occurs. After careful evaluation the cause of the accident, it is easier to determine liability. The involved parties can then bear the responsibility. The aggrieved parties can get justice and compensation for the losses incurred.
A good lawyer with adequate law knowledge in Houston can help build a strong case and offer legal representation and advice throughout the judicial process. It’s important to call one as soon as an accident occurs.
