Injuries Caused by Falling Debris
Almost every driver has seen a truck going down the road with debris falling out the back. This situation can be dangerous, especially when the debris blocks the roadway or makes the roadway slippery. Although trucking regulations at both the state and federal levels set minimum requirements for how loads must be secured and the maximum loads that each truck can carry, some truck drivers and companies bend these rules or violate them blatantly. These regulations include tie-down requirements, flag rules, weight restrictions, and special speed limits. At the Law Offices of Adam Baron, our Naples truck accident attorneys have assisted numerous Florida residents with bringing a claim against a negligent trucking company or driver.Seeking Damages for Injuries Caused by Falling Debris
The first step in seeking compensation is to file a claim against the responsible party. In general, the plaintiff will need to show that the defendant was negligent at the time of the accident. This means that he or she did not exercise the reasonable caution and prudence that would be expected in the situation. Examples of careless conduct behind the wheel include disobeying any statutes or regulations, engaging in distracted driving activities like talking on the cell phone, or failing to take current road, traffic, and weather conditions into account.
If a party other than the driver may be at least partly to blame for your injuries, you should be sure to include them in the lawsuit as well. Although some truck drivers work as independent contractors, trucking companies often employ drivers. Florida recognizes the doctrine of vicarious liability, which allows a plaintiff to hold an employer responsible for the negligent acts of an employee that are carried out in the course and scope of the employee’s job duties.
After establishing negligence, the plaintiff must show that the defendant’s lack of due care was causally connected to the injuries that the victim suffered. Falling debris is most commonly associated with large trucks, but it can also result from boats being towed behind a vehicle, landscapers removing tree trimmings and brush from a property, or inexperienced drivers operating rental vans or trucks. Obtaining the contact information for any witnesses who observed the collision can help with establishing the source and cause of the accident. A plaintiff who succeeds in a negligence claim may be entitled to receive many forms of compensation, including past and future medical expenses, missed wages, and pain and suffering.Consult a Dedicated Naples Attorney after a Truck Accident
If you or someone you love has been hurt in a truck accident involving falling debris, you should assert your legal rights. At the Law Offices of Adam Baron, our Naples truck accident lawyers can guide you in pursuing damages from trucking companies, truck drivers, and other motorists. We also represent people in Coral Springs, Fort Myers, North Miami Beach, Tamarac, and other cities in Broward and Miami-Dade Counties. Contact us online or call us at one of our regional office locations to set up a free consultation with a motor vehicle collision lawyer. We can be reached in Broward County at (954) 247-4878, in Miami-Dade County at (305) 770-2131, or in Naples/Fort Myers at (239) 352-5511.