Car Crashes and Injuries from Unsecured Loads
At Silverman, McDonald & Friedman, our car crash attorneys are here to protect your rights to the compensation you deserve when you have been injured due to the negligence of another individual. If you have been hurt in an accident, we are here to help. We invite you to visit us in one of our office locations in Newark, Wilmington or Seaford to learn more.
Have you ever been driving along the road and found yourself behind a truck that was carrying items that were not sufficiently fastened down? Then you start thinking about what might happen if that vehicle was forced to slam on their brakes. When the truck stopped suddenly, everything that was not secured would become projectiles and potentially cause grave injuries and property damage. Unsecured loads on the back of trucks or in the back of other vehicles have caused approximately 25,000 crashes each year with approximately 80-90 fatalities according to the AAA Foundation for Traffic Safety.
Penalties for unsecured cargo in Delaware
When people load up the cargo area of a pickup truck, they may not be aware of the fact that these objects can go flying through the windshield of another vehicle, or if the materials end up on the road it can cause other vehicles to swerve unexpectedly to avoid the debris, causing a crash with another vehicle. Under Delaware law, “No vehicle shall be driven or moved on any highway unless it is so constructed or loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping therefrom.” Penalties include fines. (Del. C. Title 21 § 4371) In addition to the traffic penalties for violating the law, if the unsecured load causes an accident from the flying debris, the driver may be held liable for property damage, injuries and other losses for the victims.
In an article on the Transportation.gov blog, Preventing the tragic consequences of unsecured loads, author David Friedman said, “Just as you would secure yourself or your child with a seat belt, you must tie down any load no matter how far or how fast you plan to drive.” When traveling at just 55 miles per hour, when something that weighs 20 pounds falls from a moving vehicle it can strike with the impact of almost half a ton.
Drivers who are struck by or crash into debris from unsecured loads on other vehicles may be able to take legal action against the responsible party to recover damages for their injuries and losses.
If you are hauling items, make sure that you secure the load carefully even if you are just going around the corner and do not plan to travel on the highway. If you are driving and you see an unsecured load, or debris in the roadway that has fallen from a vehicle, call your local law enforcement and report it. On the NHTSA blog, the author advises the following: “Secure your load as if everybody you love is driving in the vehicle behind you.”
The knowledgeable Delaware car crash attorneys at Silverman, McDonald & Friedman are ready to answer your questions and offer the legal support you need to prevail with your case. We have offices in Newark, Seaford, and Wilmington. If you are unable to come to the office in person, we can come to you. Please contact us today to schedule a consultation.
Attorney Jeffrey S. Friedman joined Silverman, McDonald & Friedman in 2001. He graduated from Widener University School of Law, and is admitted to practice law in Delaware and Pennsylvania, and in several Federal Circuit courts. He areas of concentration include auto accident and workers’ compensation cases. Read more about Attorney Friedman here.