Who is Liable if You’re Hit by Cargo Falling Off a Truck

Who is Liable if You’re Hit by Cargo Falling Off a Truck?

Strong advocacy when truck drivers and truck companies fail to properly secure their cargo

It’s frightening when cargo or debris falls from a truck. The cargo/debris can fly directly into your windshield. Drivers either have to drive over or into the objects, which is incredibly dangerous. Alternatively, drivers may need to make split-second decisions about whether they can steer into another lane of travel or the shoulder of a road without hitting another car, barriers, or ditches. At Kansas City Accident Injury Attorneys, our truck accident lawyers hold truck drivers and trucking companies accountable when their negligence causes cargo and debris accidents.

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Liability for Truck Cargo Spill Accidents & Injuries - Kansas City

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What types of cargo and debris fall off trucks?

Truck cargo can spill from any type of truck that has an opening. These trucks include flatbeds, pickup trucks, and trucks where the doors may open. Some of the cargo that may spill from a truck includes the following:

  • Debris from cargo trucks such as gravel, sand, rocks, and bricks
  • Construction equipment
  • Furniture
  • Any type of inventory
  • Agricultural products
  • Lumber
  • Hazardous materials
  • Automobiles
  • Luggage
  • Boxes
  • Branches and leaves
  • Trash

Why are truck cargo spill accidents dangerous?

At Kansas City Accident Injury Attorneys, we handle all types of accidents due to falling cargo, including the following:

  • Flying cargo/debris: Objects of any size and shape that spill from a truck can directly strike a car or another type of vehicle. The objects can cause windshields to shatter, damage the body of a car, or even enter the interior of a vehicle.
  • Tire blowouts: Drivers can ride over the cargo or debris, puncturing or damaging the driver’s vehicle, causing tire blowouts that can cause the driver to lose control of the vehicle.
  • Spilled liquids: If the cargo that falls from the truck is liquid or consists of small materials, the roadway can become slippery, causing drivers to lose traction with the road.
  • Swerving accidents: Cargo and debris spills often force drivers near the fallen/spilled objects to collide with other cars or lose control as they try to avoid the cargo/debris on the road.
  • Chain reaction collisions: When one driver tries to avoid a spill, other drivers will then have to try to avoid the spill or avoid that driver, which can result in multiple collisions.

Who do you hold liable for accidents in Kansas City due to truck cargo spills?

Our Kansas City truck cargo spill lawyers work with investigators, the police, and truck industry professionals to show that truck accidents are due to overloads or improperly secured cargo. We also review the applicable federal and state laws (Missouri and Kansas) to show that the truck loads were not in compliance with acceptable standards.

Our Kansas City Accident Injury Attorneys file personal injury and wrongful death claims against everyone responsible for your accident. The defendants generally include one or more of the following:

  • The truck driver: Drivers should check their cargo before each journey to ensure that the cargo is secure. They should notify their employers if there is any reason to believe the cargo may spill or cause the truck driver to lose control of their truck. Unsecured cargo or cargo overloads can cause jackknife accidents, truck rollovers, and other types of catastrophic and deadly truck accidents.
  • The truck drivers’ employers: Employers are generally liable for the negligence of their employees. They may also be liable if they pressure the driver and the loading companies to prioritize profits over safety by overloading their trucks or improperly securing their trucks.
  • The owner of the truck: Truck owners may be liable for failing to conduct background checks on anyone they give permission to drive their trucks. Owners may also be liable for failing to ensure that the cargo/debris doesn’t spill.
  • The truck loading companies: Many shipments involve hiring truck-loading companies to load and secure the cargo. We hold these companies liable if they fail to follow safe truck loading standards, the OSHA loading standards, FMCSA loading standards, and other safety protocols. Loading standards include using the correct materials and methods to secure specific types of cargo.
  • Manufacturers: The manufacturers of the materials that trucking companies use to secure truck cargo may be liable if the materials are defective.

Maintenance and repair companies may also be liable for truck cargo spill accidents.

We also work to obtain the loading contracts to determine the arrangements between the companies involved in the shipment, any black boxes, the electronic logging devices, any video of the accident, police reports, and all other relevant information.

How do your Kansas City truck cargo accident lawyers fight for accident victims?

Our personal injury lawyers work with your doctors, and our own network of doctors, when necessary, to verify the full scope and severity of your injuries. We work with your doctors to understand all the medical care you will need (including lifetime care) and every way your injuries are affecting every aspect of your life. We work with your employers and financial experts to verify your income losses. Our lawyers also work with car appraisers and car repair companies to determine the cost to replace or fix your car.

We demand compensation for all your current and future damages, including:

  • Medical costs: These include emergency care, hospital stays, doctor visits, surgeries, rehabilitative therapy, assistive devices, and medications.
  • Lost income: This amount includes your wages, salary, benefits, business income, and your financial losses if you can’t work again (fully or partially).
  • Pain and suffering: We demand compensation for every moment of discomfort, pain, anxiety, depression, and all other physical and emotional trauma.
  • Property damage: This amount includes your car damage.
  • Other damages. These include compensation for:
    • Scarring and disfigurement,
    • Loss of bodily function.
    • Inability to enjoy life’s pleasures.
    • Loss of consortium (enjoyment of marital relations).

If a parent, spouse, child, or other eligible close relative dies, we file wrongful death claims against the truck driver and all other responsible parties. Wrongful death damages include:

  • The funeral and burial costs,
  • The loss of financial support your loved one would have provided each family member.
  • The loss of comfort, society, love, and guidance your loved one would have provided each family member.
  • The value of any services your loved one would have provided on behalf of the family members.

Do you have a Kansas City truck cargo spill lawyer near me?

Kansas City Accident Injury Attorneys maintains five different locations throughout Missouri and Kansas. Our Kansas City office is located a few blocks away from City Hall.

Kansas City Main Office 
510 Walnut, Suite 100
Kansas City, MO 64106

We also discuss cases by phone and through online video consultations. Our lawyers meet clients at their homes or healthcare facilities when necessary.

We’re prepared to explain your rights and guide you through each step of your claim.

Call our Kansas City truck accident lawyers today

Truck cargo accidents often cause life-changing injuries. Victims wonder if their health will ever be close to normal, how they can live with constant pain, and how they will support their families. Families wonder how they can move forward when a loved one dies. At Kansas City Accident Injury Attorneys, we have an impressive record of success in holding negligent defendants liable. Call our Kansas City truck cargo spill lawyers now or fill out our contact form to schedule your free consultation.

We also have offices in Lee’s Summit, Blue Springs, St. Joseph, and Parkville, MO as well as Overland Park, Victory Hills, and Olathe, KS. Consultations are available by appointment.