Cargo Falling from Big Rig Hits Driver
An afternoon highway incident along Interstate 5 on June 5 in South Sacramento was caused by cargo falling from a big rig. The debris crashed through another driver’s windshield. The driver of the big rig, probably not realizing that it happened, continued on the highway without stopping. It is unknown at this time whether the vehicle and driver were later identified by authorities.
What Happened?
The accident happened around 5:30 in the afternoon along the southbound side of I-5, just north of Richards Boulevard. Officers with the California Highway Patrol (CHP), upon arriving at the scene, discovered an injured woman in an Acura with a broken windshield.
Another woman in a 2013 Honda Civic had pulled over to the side of the road after running over a piece of metal in the third lane. According to the CHP, the item was stuck underneath the vehicle. A tow truck and emergency medical assistance were summoned to the scene of the crash. No information has been released at this time about the extent of the injuries suffered by the Acura driver.
Maintaining a Secure Load on a Big Rig Is Mandatory
Semi-trucks are a common sight in California since most products are shipped that way around the state. An average semi travels around 45,000 miles each year, and according to the Federal Highway Administration, long-distance haulers travel over twice that distance. However, one of the dangers of big rigs are loose loads, which can fall and either create a traffic hazard or cause a motor vehicle accident. An improperly secured load can also induce a rollover, endangering the life of the trucker and occupants of nearby vehicles. Under Federal Motor Carrier Safety Administration regulations, both the company and the driver are responsible for packing a truck so that the cargo will not leak, spill, blow or fall from the vehicle. Also, cargo must be secured in such a way that the load cannot shift, causing a potential rollover.
Liability in an Accident Caused by Cargo Falling From a Big Rig
When cargo falling from a big rig causes an accident, determining fault rests on certain considerations. To prove liability, the injured person must show that the driver of the other vehicle had a reasonable duty of care to others on the road, failed in that duty and that an accident caused by negligence resulted in the injury. Liability in an insecure load can fall to:
- The company that employs the driver
- The driver himself if that was the individual who oversaw the truck being loaded
- The workmen who loaded the truck
Investigating a Truck Accident
Truck accidents are more complex than motor vehicle crashes. An experienced truck accident lawyer can help when you are injured by a negligent big rig driver. Commercial drivers must meet certain qualifications. One is knowing how to properly load and secure cargo. The FMCSA requires that trucking companies keep a driver qualification file. This record shows:
- The driver’s accident history
- Employment history
- Alcohol test results
- Drug tests
- Training
- Service hours
- Certificates
- Licenses
- Annual reviews
Along with vehicle maintenance records, this information provides a valuable tool for determining fault.
Sacramento Car Accident & Personal Injury Lawyers
I’m Ed Smith, a Sacramento car accident lawyer. When you or a loved one has suffered an injury caused by a negligent trucker or trucking company, I am here to help with friendly and free advice. I can be reached at (916) 921-6400 in the Sacramento area or at (800) 404-5400 if you are calling long-distance.
As a milliondollaradvocates.com member, I join other trial attorneys around the nation who have obtained verdicts worth over one million dollars for a past client.
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Photo Attribution: https://pixabay.com/en/truck-semi-truck-semi-truck-desert-1499377/
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