Are Truckers Liable if I Crash Because of Spilled Cargo?
Car accidents happen every day. Motorists venture out into streets and highways, such as the I-5 and I-15, that run throughout Los Angeles, taking precautions to ensure a smooth journey ahead. However, safe travel is not always guaranteed, with 8,944 recorded incidents of people killed or injured in vehicular crashes in Los Angeles in 2022 alone. Where does liability fall when an unsuspecting driver is involved in a car crash due to cargo spilled from a semi-trailer? Keep reading to learn more about liability and how a Los Angeles truck accident lawyer can help your case!
Types of Vehicle Crashes from Spilled Cargo
Picture this. You are on your daily Los Angeles commute, going with the flow of traffic, when suddenly you notice debris all over the road. Trying to swerve and avoid debris, you find yourself involved in a car or truck accident. Similarly, perhaps you are impacted by another motorist trying to prevent spilled cargo from colliding with their vehicle. Spilled cargo from a semi-trailer can cause a multitude of vehicle crashes, leaving drivers and passengers with serious or life-threatening injuries. Common types of Los Angeles vehicle crashes include:
- Direct impact from spilled cargo
- Swerving accidents
- Multi-car pileup accidents
- Rear-end accidents
- Jackknife accidents (when the trailer swings out at a sharp angle with the cab)
- Rollover accidents
The cargo may also consist of hazardous materials that can create additional danger for other motorists and pedestrians in California, such as one December 2024 incident resulting in the closure of part of the I-805 due to spillage of a hazardous material. Crashes due to spilled cargo can vary but speaking with a Los Angeles truck accident lawyer at BD&J can provide clarity for injured drivers.
Who is the Liable Party in My Truck Accident?
If you were caught in a truck accident caused by the spilled cargo of a semi-trailer, there may be a few parties held responsible in a personal injury claim. Liable parties in a cargo spill car accident could be:
The Truck Driver
If the driver operating the semi-trailer failed to notice the spilling cargo, they may be held liable for injuries caused in an ensuing accident. A truck driver caught speeding, texting, or committing other reckless acts while driving a truck that prompted a scattered cargo accident could be liable.
The Trucking Company
The U.S. Department of Transportation found the percentage of freight transportation-related fatalities had increased by 47.5% over a period of 10 years. Trucking companies have the duty to maintain vehicle maintenance, hire competent and responsible drivers, provide safety training, and ensure loading crews are working diligently. Failure to do any of these results in liability.
Equipment Manufacturer
If tie-down equipment or a part of the truck was defective and played a part in causing the initial cargo spill, the equipment manufacturer could be held liable. This would be considered a product defect case, which involves a product causing injuries due to a manufacturing error, design error, or improper directions of use.
What Can Cause Cargo Spills?
When consulting a Los Angeles truck accident attorney, an in-depth examination of the cause of the cargo spill is important. Truck cargo spills occur due to:
- Improperly loaded cargo (Overloaded cargo, uneven weight distribution)
- Faulty equipment
- Driver recklessness (speeding, fatigue, etc.)
- Failure to secure cargo
What Can a Los Angeles Truck Accident Lawyer Do for My Case?
If you or a loved one has been injured in a vehicle accident involving spilled truck cargo, you may be entitled to financial compensation for injuries and other damage. Talking with a Los Angeles truck accident lawyer at BD&J can help you learn more about building a personal injury claim. A Los Angeles truck accident lawyer can take over the duties of filing, negotiations, and more while you recover from injuries.
Frequently Asked Questions
What Can Compensation Cover?
Compensation after a spilled cargo vehicle accident can be used for various expenses. Each case has a different monetary value, but speaking with a Los Angeles truck accident lawyer can help you learn more about the factors considered for your case. Typical expenses covered by compensation from a personal injury claim can include:
- Past and future medical expenses
- Physical therapy and rehabilitation
- Loss of wages from missed work
- Pain and suffering
- Property damages
What Should I Do After the Car Accident?
After a car accident, many people are left considerably shaken. However, there are some things you should be doing after a car accident caused by spilled cargo, especially for a personal injury claim. After the accident, be sure to take photos and videos of the accident site, your vehicle, and other injuries if possible. Getting eyewitness statements can also be crucial. Going to the hospital is a crucial step as well, to document all surface and internal injuries. All this documentation can help if you contact a Los Angeles truck accident attorney.
How Long Do I Have to File My Claim?
In the state of California, plaintiffs have approximately 2 years from the date of the accident to file a personal injury claim against liable parties. It is essential you file within the statute of limitations. After the statute of limitations has passed, injured parties can no longer file a claim. If you are eager to file your personal injury claim after a car accident, speaking with a Los Angeles truck accident lawyer from BD&J is the best route to take!
How to Find an Expert Los Angeles Truck Accident Lawyer
Finding a Los Angeles truck accident attorney for your claim is no small feat. You want to ensure you’re working with legal experts who hold their clients’ best interests at heart and can offer unmatched representation. Finding the right lawyer can be done by:
- Checking client reviews. – Word of mouth can be a great way to learn more about past experiences with law firms. Reading online reviews and asking people you know for lawyer recommendations can be a perfect way to connect with trustworthy legal representatives.
- Checking the law firm’s practice areas. – After a car accident, you want to work with dedicated personal injury lawyers. This is why it is important to ensure the law firm you are considering specializes in personal injury and has the proper statistics to support their success.
- Scheduling a free consultation. – To ultimately see if a lawyer is the perfect fit for you, schedule a consultation. Law firms should be offering free consultation services for potential clients, but this is not always the case. Fortunately, BD&J provides free consultations available to schedule 24/7!
Dedicated Los Angeles Truck Accident Lawyers Fight for Injured Drivers
Being involved in a car accident after a cargo spill can be terrifying. After this event, you may be asking yourself who is to blame, and most importantly, how can you hold parties liable? BD&J is the dedicated law firm Los Angeles drivers turn to in the fight to recover compensation for serious injuries after an accident. Our rigorous team of lawyers advocate for clients every step of the claims process. With more than $2 billion* recovered for clients across California, BD&J is the law firm you can trust! Call us now to book your free consultation.