What If a Truck’s Cargo Fell and Caused My Crash?

Driving behind a truck when it suddenly loses its cargo can be extremely dangerous. Whether the truck’s cargo spills into the road or hits your vehicle directly, you can immediately find yourself in an emergency situation. In many cases, a truck cargo accident can result in serious injuries and even fatalities.

As a general rule, trucks should not lose their cargo on the road. If you suffered serious injuries or lost a loved one in a crash resulting from a cargo spill in Arkansas, you have clear legal rights. Experienced truck accident attorneys at Oliver Law Firm can fight for the financial compensation you deserve.

Call (479) 202-5200 today for a FREE case evaluation. We represent the victims of truck cargo accidents on I-49, US-62, and other roads in Rogers and other areas of Arkansas where drivers often find themselves behind big rigs.

Filing a Claim for a Crash Resulting from a Commercial Truck’s Cargo Spill

While many truck accident cases involve collisions between commercial trucks and ordinary passenger vehicles (i.e., cars, pickup trucks, and SUVs), you don’t necessarily need to be involved in a collision in order to have a claim. Accident victims may also file a claim when they suffer injuries caused by a truck’s cargo falling into the road.

This is true for all types of cargo spills involving all types of commercial trucks. For example, accident victims can generally seek financial compensation for crashes caused by cargo spills such as: 

• Flatbed trucks losing their loads
• Debris flying out of the top of garbage trucks and dump trucks
• Liquid cargo spilling out of container trucks
• Semi-trucks losing their cargo containers
• Cargo containers and box trucks coming open and spilling cargo into the road

These are just a few notable examples of truck cargo accidents. If you have been seriously injured in any type of commercial truck accident involving loss of the truck’s cargo, you should talk to a lawyer about filing a claim.

A semi-truck should not cause a truck cargo accident if the cargo is properly secured. Truck drivers, shippers, and trucking companies are required to follow the federal regulations for cargo securement, as well as similar provisions in the Arkansas Code. A skilled trucking accident lawyer will look for evidence of violations to support your claim.

3 Key Issues in Truck Cargo Accidents

Like all truck accident cases, proving your legal rights after a crash involving a cargo spill requires an informed, skilled, and proactive approach. Even if there is no question that the truck lost its cargo load, it is still up to you to prove that you are entitled to just compensation.

In particular, you will need to be prepared to deal with issues such as:

1. Demonstrating That the Truck’s Cargo Spill Caused Your Crash

To file a successful claim, you must be able to demonstrate that spilled or dislodged cargo from the truck caused the accident. This may require various forms of evidence. Gathering this evidence quickly is one of the main reasons to hire a truck cargo accident attorney as soon as possible.

In addition to collecting evidence from the crash site and other sources, your attorney may also need to hire an accident reconstructionist to piece together the events leading up to the crash. Accident reconstruction often plays a central role in truck accident cases, especially when it comes to proving causation.

2. Disputing Allegations of Partial Fault in the Crash

When you file a claim for a crash resulting from a commercial truck’s loss of cargo, you unfortunately also need to be prepared to deal with the insurance companies trying to blame you for your own injuries. Under Arkansas’s comparative negligence rule, if you are partially at fault in an accident, this can reduce the damages you are entitled to recover. If you are 50% or more at fault, you are barred from recovering damages altogether.

Though the insurance companies may try to assign fault to you for the truck cargo accident, their word shouldn’t be taken as gospel. A knowledgeable trucking accident lawyer can gather evidence to protect your claim.

3. Proving the Losses You Are Entitled to Recover

Along with evidence of liability, filing a successful claim will also require evidence of the damages you have sustained. This includes economic and non-economic damages, both at present and in the future. When you hire an experienced truck accident attorney to represent you, your attorney will help ensure that you are seeking the full compensation you deserve.

Discuss Your Case with an Experienced Arkansas Truck Cargo Accident Attorney

At Oliver Law Firm, we provide experienced legal representation for commercial truck accident victims in Rogers, Bentonville, and across Arkansas. If you were seriously injured in a truck cargo accident, we encourage you to contact us promptly so that we can help you.

Call (479) 202-5200 today to get started on your case. Your initial consultation is 100% FREE, and you are only responsible for fees when we obtain a settlement or trial award on your behalf.