Commercial rigs haul many different kinds of materials, including loose rocks, crude oil, natural gas, steel beams and wooden logs, concrete, solid waste, food, and toxic chemicals, across the South every day. The trucking industry is supposed to follow federal and state regulations to make sure that cargo is adequately secured and will not shift during travel. Cargo that is not adequately secured may have harmful and even deadly effects. Despite regulations, some drivers suffer catastrophic or fatal injuries as a result of falling debris in Tennessee and neighboring states. At Nahon, Saharovich & Trotz, our Memphis truck accident lawyers can evaluate your situation, advise you on whether you may have a case, and offer aggressive legal representation. Nahon, Saharovich & Trotz is the largest personal injury firm based in Tennessee.Establishing Liability for Falling Debris
Improper loading and securing is a common factor behind falling debris accidents. Often, cargo is not adequately secured with tie-downs, the rear of the container is not properly secured, or heavy equipment is not appropriately secured. There are federal and state regulations designed to make sure that people on the road are protected against the possibility of falling debris. However, some truck drivers, trucking companies, and loading companies fail to follow these rules, resulting in falling debris. Even if you are a careful driver, you may get hit by dangerous cargo flying off a truck at high speeds.
When falling debris is a result of a truck driver's aggressive driving, impairment, or distraction, it may be possible to recover damages under a theory of negligence. You may establish negligence by proving that the truck driver failed to use due care and in so failing, caused your injuries.
If falling debris is a result of cargo not being secured properly, it may be possible to claim damages under a theory of negligence or negligence per se. There may be several parties responsible for violations of safety rules related to how the cargo is secured. These include a driver of a tractor-trailer, their employer, and a loading company. Negligence per se applies when there is a safety law violation that is a legal cause of the injuries, and the injuries are of the type that the law was designed to ward off.
The truck driver's employer may also be held responsible under a theory of vicarious liability or respondeat superior. This is a theory of indirect liability under which an employer may be held responsible for an employee's negligence when it occurs in the course and scope of the job.Discuss Your Truck Accident Case with a Memphis Lawyer
Truck accidents arising out of falling debris may occur because the debris directly hits an accident victim or because an accident victim is forced to swerve away from the falling debris and gets into a collision as a result. It is often important to retain an accident reconstruction expert to prove the cause of the crash. If you were injured or a loved one was killed as a result of falling debris in Tennessee or a neighboring state, the Memphis attorneys at Nahon, Saharovich & Trotz may be able to help you recover compensation. Our firm employs more than 30 experienced attorneys with strong credentials and over 100 staff members, giving us the resources needed to fight for those injured in accidents. We represent injured people in Tennessee, Missouri, Mississippi, Kentucky, and Arkansas, including in Chattanooga, Knoxville, Memphis, Nashville, Caruthersville, Haiti, Oxford, Starkville, Grenada, Columbus, Tupelo, Meridian, Jackson, Little Rock, and Jonesboro. Call our office toll-free at 1-800-LAW-4004 or complete our online form for a free consultation with a motor vehicle collision lawyer. NST is the way to go.