Not every truck accident involves a big rig slamming into a passenger vehicle. Instead, some trucks end up spilling their cargo, which then hammers other vehicles or forces drivers on the road to take sudden defensive action. Cargo spill accidents are just as serious as any other collision involving trucks. A motorist forced into a ditch can flip over, break an arm, and suffer a head injury. Contact Larson & Gallivan Law today if you were injured in a cargo spill crash. Our Vermont truck accident lawyers can analyze whether you can seek compensation and identify the correct defendant.
What Trucks Are Prone to Cargo Spills?
We have seen cargo spills with:
- Dump trucks. Material might come flying out of the box, especially as the truck is barreling down the highway.
- Fuel trucks. A fuel truck could rupture and spray gasoline or other fuel all over the road.
- Tractor-trailers. When fully loaded, these trucks can weigh 40 tons. The trailer doors might open and spill cargo out the back.
- Cement trucks. The drum carrying the cement could rupture and spread cement on nearby vehicles.
- Moving vans. When the doors open in the back, a person’s belongings could go flying out onto the road.
- Delivery trucks. Packages can launch out the back of a truck, especially if the driver fails to pull the door down as they race around town to make deliveries.
Why Do Cargo Spills Happen?
These are unusual accidents, but there are simply reasons why they occur:
- Dangerous driving. Driving aggressively increases the risk of cargo moving and flying out the door. Truckers might take turns too aggressively, drive too fast for conditions, or change lanes illegally.
- Unsecured loads. The cargo could shift in the truck when it is in motion due to inadequate ties. Once a load shifts, it can slam on the door and force it open. Material might fly out of a dump truck due to failure to use a tarp.
- Unbalanced loads. When a load is unbalanced, a truck is more likely to tip over and then spill its cargo that way.
- Defective parts. Any number of defects can contribute to a cargo shift, including problems with locks, ties, and screws. If the doors don’t lock properly, then a cargo spill is more likely.
- Accidents. When a truck is involved in a crash, the forces generated could puncture a fuel tank or the drum on a cement truck.
Often, victims have no idea why cargo started falling out of the truck. All they know is that they had to take defensive action to avoid crashing into a pallet launched from a tractor-trailer or cement pouring out of a truck.
Let our law office investigate. Ideally, you will call the police and document the scene. Your attorney can begin to find other useful evidence, including any records in possession of the trucking company.
Can You Sue for Compensation?
People suffer injuries in cargo spill accidents in many ways:
- Collisions. The cargo spill might happen so quickly that you cannot avoid a crash. Some motorists right behind a truck are struck by flying material or pallets.
- Pinball accidents. To avoid crashing into cargo, a driver might suddenly jerk the wheel and dart into oncoming traffic. This can lead to pinball accidents as drivers try to avoid crashing into each other, only to pull directly into other cars. These accidents are common when traffic is congested.
- Fires. Fuel and other hazardous materials can catch on fire after leaking out of the truck. The fires might directly burn motorists or cause their own vehicles to ignite.
- Toxic exposure. If hazmat is released, then motorists and others nearby might inhale toxic chemicals, causing toxic exposure and respiratory or other illnesses.
- Crush injuries. Heavy cargo can crush a lighter vehicle. Imagine cement pouring out of a truck directly onto a smaller vehicle.
Treat your injuries promptly with a quick visit to the doctor. This treatment will document the severity of your injuries, which is vital to winning a case. Then reach out to our office to discuss the accident. Our firm can begin looking for evidence to explain why the cargo spill happened.
We Can Seek Financial Compensation
Truck accidents are complicated. We might end up suing any number of parties if they share liability for your accident.
For example, the trucker might be to blame for driving dangerously, falling asleep, or failing to check that the cargo was secure before pulling out onto the road. Some truckers skip required pre- and post-trip inspections to save time. The result is more accidents.
The trucking company might also be liable if they did not fix their trucks. They can also have vicarious liability for an employee’s negligence.
The company that owned the freight might have loaded it onto a trailer. They can have liability for failing to properly secure or balance the cargo. They are liable to anyone on the road who is injured in a cargo spill accident.
Call our office. We can usually investigate and pin down the number of possible defendants. You deserve fair compensation, and suing more than one liable party is a way to increase the odds of a favorable settlement. We can fight to obtain compensation for medical treatment, pain, mental distress, wage loss, lost income, and property damage (including damage to your vehicle).
Transportation companies are out for themselves, and you shouldn’t expect them to admit why the cargo spill happened. They are unlikely to share evidence voluntarily, but our firm can demand access to critical documents and information.
Speak with a Vermont Truck Accident Lawyer About Your Cargo Spill Accident
Trucking companies aggressively defend themselves. They will pull out all the stops to avoid paying a large settlement to someone hurt in a cargo spill accident. Call our office to schedule a time to get together. In a free consultation, we can discuss your injuries and other factors, including the cost of your medical treatment. We won’t charge a fee unless we win your case.
