Kinsman Couple Sues After Trailer Dumps Load on Their Vehicle
Do you know how folks tend to believe that one driver who rear-ends another driver is always responsible for the accident? Well, that’s not true. However, when a tractor-trailer dumps a load on your vehicle, it is true that the trucking company is always responsible for that accident.
Why? Well, the trucking company is responsible for securing the load. There are hundreds of regulations on the industry because these large multi-ton trucks are much more dangerous than even the biggest commuter vehicles. To prevent as many deaths and injuries as possible, truckers are responsible for inspecting their vehicles prior to delivery and ensuring the tractor-trailer is roadworthy. They also must ensure that the loads that they are delivering are properly secured. So when a truck dumps its load onto another vehicle on the highway, the trucking company is always going to be responsible for what happens next.
What Happened?
A Kinsman couple was driving their vehicle westbound along Route 88 when a bunch of stuff smashed into their vehicle forcing them off the road and into the median. Heading eastbound on the other side of the highway, was a tractor-trailer spewing the contents of its trailer onto the highway.
As a result of the accident, the driver says that he sustained severe permanent physical injuries. His wife has filed a separate cause of action for loss of consortium and help around the house. The driver says that his injuries left him with a severe and permanent reduction to his quality of life. So far, the couple has incurred at least $62,000 in medical expenses and that number is likely to continue increasing.
The allegations against the trucking company include:
- Failing to secure the contents of the truck
- Failing to properly secure the load
- Failing to maintain a lookout
- Failing to inspect the truck prior to delivery
- Operating a vehicle in an unsafe fashion
The lawsuit places blame entirely on the truck driver, which is likely where it belongs. Ultimately, even if the truck was loaded by someone else, the driver is responsible for ensuring the load is secured prior to making the delivery. Had the driver done his job properly, this man would not have permanent disabling injuries.
The Bottom Line
If there is a maintenance, mechanical, or loading failure, the driver and the company they work for are responsible for any injuries they cause. Since the federal government places strict regulations on the trucking industry, it is assumed that the industry will follow those guidelines. Indeed, they are absolutely necessary to ensure the safety of our roads. Since the trucking company and its driver failed to do those things, they are responsible for the couples’ injuries and may be on the hook for gross negligence and punitive damages as well.
Talk to a Florida Tractor-Trailer Accident Attorney Today
The trucking industry is responsible for maintaining their trucks and training their drivers. Any failure can result in the death of unsuspecting motorists on the road. When that happens, the trucking company is responsible for making the individual or their family whole. The Coral Gables tire defect attorneys at Halpern, Santos & Pinkert hold negligent trucking companies responsible for the injuries they cause.
Resource:
tribtoday.com/news/local-news/2021/01/kinsman-couple-sues-over-accident/
