When A Falling Load Causes A Traffic Accident

How To File A Personal Injury Claim If You Are Injured

When a falling load causes a traffic accident it can lead to severe injuries for other road users, including drivers, cyclists and pedestrians who may be on the road. Accidents caused by falling loads are considered a serious hazard on roadways.

This was highlighted recently when the Health And Safety Executive (HSE) reported on metal heat exchanger falling off a lorry and killing a cyclist in Nuneaton. It highlighted that the lorry was carrying four large heat exchangers weighing in the region of 10,000kg. As the vehicle turned the corner, a strap securing the load snapped. This resulted in one of the exchangers falling off the lorry and onto the cyclist who was alongside the vehicle.

The HSE found that the heat exchangers had been inadequately strapped, while the straps were also in poor condition. It also found that the driver had not received proper training in load security. Following the investigation, the transport company was fined £90,000.

Falling load accidents are considered preventable tragedies that may carry serious consequences for drivers and operators. If you have been injured in such an accident which was not your fault, you may want to find out more about filing a personal injury claim for compensation.

What Is Considered a Falling Load Accident?

A falling load accident occurs when cargo or equipment falls from a moving or stationary vehicle, creating dangerous obstacles for other road users. These loads may include construction materials, industrial equipment, goods from transport trucks, or even debris from improperly secured loads.

Properly securing cargo is a vital safety procedure before a vehicle heads out. These types of accidents typically stem from:

• Improperly secured cargo
• Overloaded vehicles
• Equipment failure
• Driver negligence
• Poor vehicle maintenance

Whether it’s a small tool falling off a pickup truck or a multi-ton load spilling from an 18-wheeler, there may be severe results.

Consequences for the Driver and Operator

When a falling load causes a traffic accident, both the driver and his employer, or operator of the transporting vehicle, can face several consequences.

This may include fines and traffic citations, and even possibly criminal charges if an accident caused by their falling load causes serious injury or death. The injured party may also file a personal injury claim. This typically covered compensation for medical expenses, pain and suffering and lost wages for the injured party.

Businesses that operate fleets of vehicles will also come under scrutiny when employer negligence may be considered in connection with the accident. This would look at if an employer failed to properly train drivers, was equipment properly maintained and were there are unsafe practices (such as overloading).

When Can You File A Personal Injury Claim

If you or a family member has been injured due to a falling load accident, you have the right to pursue a personal injury claim to seek financial compensation. You will have to be able to show that the accident was not your fault.

An experienced personal injury attorney can help gather crucial evidence such as:

• Police reports
• Dashcam footage
• Witness statements
• Vehicle maintenance records
• Driver logs

Time Limits and Compensation

Generally, you have three years from the date of the accident to file a claim. Exceptions apply to children under 18. Compensation may typically cover:

• Medical expenses: your immediate and future medical treatment, surgery, rehabilitation, and therapy
• Lost wages: Compensation for time missed from work and any impacted future earning capacity
• Pain and suffering: Physical pain, emotional trauma, and mental anguish

 What To Do Next

To win a personal injury claim, you should be able to show that your injury is directly linked to the accident. Additionally, that you suffered measurable losses due to the accident.

Consulting with lawyers who are experienced in personal injury claims is crucial. They will fully assess your case and take you through the process.

Jefferies Claims can guide you through the next steps of making a claim. We work with highly experienced lawyers who operate on a ‘No Win, No Fee’ basis to take your case forward.

Call us at 0333 358 3034 or visit Jefferies Claims Contact Page to discuss your potential claim in a free, no-obligation consultation.