Who Is Liable For Damages If Some Item From Commercial Truck Falls Onto Road?

More than one person might be held responsible for that specific incident. By the same token, the extent of damage could reflect the event’s effect on multiple parties.

One of 2 deviations from the acceptable must have caused that item to fall from the truck.

It could be that someone was negligent or it could be that a defective substance or a piece of defective equipment had allowed that accident to take place.

If someone was negligent, then what element of negligence was most likely the cause of that particular accident?

Studies have shown that it is usually the element of negligence that concerns the duty of care. The responsible party had breached his or her duty, and had thus caused an accident.

—It could be that the driver had become distracted.
—It could be that the driver had chosen to ignore the posted speed limit.
—It is possible that the driver’s schedule had forced him or her to remain behind the wheel for too many hours, and to become fatigued. That would demonstrate a breach of duty by the driver’s employer.
—It is also possible that the individual loading the shipped items failed to keep the load’s weight within the limit established by the state’s regulations.
—Negligence on the part of those conducting road maintenance should not be discounted. Maintenance workers are supposed to remove any object that might fall onto the road.
—Perhaps whoever owned the truck, whether the driver of the trucking company, or even a leasing company had been negligent. Maybe that owner failed to have the truck inspected, before it was loaded.

If the item had fallen off that large conveyance due to a defect in some material or some substance, even that cause might relate to an act of negligence.

—Maybe a design team had failed to develop a satisfactory design for a belt or other type of holder.
—Perhaps someone in the manufacturing plant had failed to use the correct substance, when molding a certain item.

Suggested action for injured victim

Due to the fact that there could be multiple factors contributing to the reason for the accident, the injured victim ought to hire a personal injury lawyer. He or she could help the client/victim to identify the person or company that should pay for at least a portion of the damages.

A personal injury lawyer in Orangeville would understand how to approach a case in which more than one party could be held responsible for the reported damages. If any party chose to point a finger back at the victim, then it would be the same lawyer’s job to defend the victim’s actions. In that way the compensation would not suffer a marked deduction in size.

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