A Cargo Missile Flew Off The Car Or Truck In Front Of Me – What Should I Do?
Recently on December 9, 2009, a flatbed truck traveling on I-95 in Delaware became a launching pad for rolls of paper that were not properly secured. The tie down straps, which were to hold the multi-thousand pound rolls of paper, broke and the rolls became air borne striking two northbound vehicles on I-95. The driver was cited by the police for failing to properly secure his cargo. Thankfully, there were no serious injuries in this accident. However, often this is not the case when unsecured debris flies from a truck.
The truck accident lawyers at Reiff and Bily have dealt with catastrophic injuries and fatalities involving flying debris that was not properly secured. As a matter of fact this writer was once struck in the front of his vehicle by a tire that flew off of a truck carrying a load of tires. The tire cracked the windshield, causing me to lose control and get involved in a more violent car accident.
I am sure that many of you have experienced a situation where a stone, pebble, or other debris flies off a truck cracking your windshield while the truck keeps going. In the past year I wrote a blog about ice and snow becoming high speed missiles when a truck or car is not properly cleaned. Frankly, I see so many stories about this type of situation and receive so many calls that I am not shy to state that the situation involving flying debris is pandemic.
AAA notes that many of the cases of debris involve uncovered trucks. Even the lucky ones who do not sustain physical injury or death and have a high insurance deductible will end up paying for damage out of their own pockets as the truck keeps going.
The state laws of Pennsylvania and many other states require haulers to securely fasten their loads and in the case of loose loads (such as gravel and sand) the law states that they must be constructed, maintained and loaded so as to prevent the contents from dropping, shifting, leaking or otherwise escaping. If your load is not secured and blowing off, you are already in violation of the law.
If you find yourself a victim of falling debris or an unsecured load truck accident, it may be an excellent idea to contact an experienced car accident or truck accident lawyer as quickly as possible to fully investigate this case to determine the proper value of your injury and property damage.
