Imagine a pickup ahead of you on I-55. A slender cord holds a mattress in the bed. Then the wind takes it. Then the mattress goes in the air, turns, and lands in your lane.
You slam on the brakes. You swerve right around it. You probably still hit it. It’s a terrible few seconds with a crash afterward that can injure you. But if anything dropped off a vehicle and hit you, you may have a claim. You can sort through your alternatives with the help of a Missouri personal injury attorney, and this guide to the essentials can help.
What “unsecured cargo” really means
Any cargo that isn’t tied down, covered, or otherwise secured to prevent it from falling off. Consider furniture, ladders, timber, appliances, trash bags, landscape equipment. Or maybe it’s a loose tarp in the wind or the tailgate flung open.
There is legislation about this in Missouri. It states that such load shall be covered or secured to prevent any loose material from falling or blowing from the vehicle. Violating that rule is a class C misdemeanor under RSMo 307.010.
So, not wearing the straps is not just reckless for a motorist. Maybe even violated the law.
Why these crashes get ugly
Road debris provides you little warning. If a load is spilling onto the highway at speed, it’s going to go directly into your lane. But drivers panic, and a sudden swerve sends a car into another lane or into a barrier.
Even a small thing can ruin an automobile traveling at sixty miles per hour. Tires blow, windshields spider, airbags explode. And the chain reaction of the first strike brings out the worst.
Who can be responsible
The driver! They are also the one who approved the load or neglected to do a check.
However, that driver’s name isn’t necessarily the only name. If it’s a company car, the firm can be somewhat at fault. It could be a landscaping company, a relocation company, or a delivery service. Workers typically control their employment. They may also be liable for improper training or working too fast to get a job done.
Someone else may have packed the package. So if a warehouse worker, retailer, or friend helping you move a couch packed it poorly, they may be the ones responsible. It varies according to the circumstances.
Heavy trucks face stricter rules
These federal standards govern loads on large commercial trucks. A driver cannot drive if his or her load is not divided and tied down properly and the doors closed and tarps and fastenings secured. Federal regulations also require a driver to inspect his load during the first 50 miles. They must check it again upon duty status change or 3 hours of driving or 150 miles, whichever comes first.
That’s important in a civil dispute. If a trucker or firm omitted those checks, that’s very powerful evidence of negligence. The company will have inspection documents, driver logs, and cargo training records that you can get from the company with the help of your lawyer.
What if the driver leaves?
Some time a cargo falls off of the car, and the driver leaves. Maybe they just didn’t see. Perhaps they did.
But that doesn’t get you into a pickle. If you can’t locate the at-fault driver, some insurance coverage may apply, and you may be able to get assistance from your insurance depending on your policy. Check with your insurance and a lawyer before you give up hope.
Witnesses and cameras you can’t get away with. Another driver may have noticed the truck or the plate. Might feature videos from traffic cameras and businesses around the area. Remember, videos like this are normally destroyed within a few days, so you will need to be prompt.
Proof to collect right away
Details win cargo cases. If the thing that hit you is still there, photograph it. Make sure to get pictures of where it landed, the lane it was in, and any damage to your car. Take pictures of any straps, tarps, ropes, etc. that you observe.
Write down the police report number. Note down the names and numbers of witnesses. Save the file from your dash cam so that it doesn’t overwrite itself if you have one.
Even if you feel OK, go to see a physician. Neck and back discomfort may not show up until a day or two later, and waiting offers the insurers an opportunity.
Missouri’s fault rule
Missouri is a pure comparative fault state. If you share in the fault, your award will be reduced by your part. If you aren’t 100% at fault, you get money back.
For instance, the other side says you veered too sharply. A jury might find you 15 percent at fault. You’re 15 percent short of your reward. That’s not as bad as losing the case.
How long you have
In general, Missouri personal injury lawsuits have a five-year statute of limitations. Three years for wrongful death. There are exceptions, but don’t count on it. Evidence disappears quickly, so call a St. Louis car accident lawyer right away.
FAQs
1. What counts as unsecured cargo?
It’s a load that isn’t tied, covered, or locked down well enough to stay on the vehicle. That can mean furniture, tools, lumber, or trash. Missouri law requires loads that could blow or fall off to be covered or secured.
2. Who is responsible if cargo falls off and causes a crash?
The driver can be. A company may share fault if the driver was working. Someone who loaded the cargo badly can also share blame. A lawyer can look at the facts.
3. What if the driver who lost the load drove away?
You may still have options. Your own insurance may help, depending on your policy. Video and witnesses can help find the driver.
4. Does a trucking company have extra duties?
Yes. Federal rules require drivers to inspect cargo within the first 50 miles and again at set points on the trip. Missed checks can help prove carelessness.
5. How long do I have to file a claim in Missouri?
Most personal injury lawsuits must be filed within five years. Wrongful death claims generally have three. Exceptions exist, so ask a lawyer about your dates.
Don’t let it slide
It’s frustrating to get into an accident from a load that should have never been on the road, and the other side may try to play down what happened. Roach Law Car Accident Lawyers (St. Louis) was created in 2003 by attorney Kevin Roach, who takes only a limited number of clients so that each case gets more direct attorney attention. Call us to consult about a case. This text is intended for general information purposes only and not legal advice.