Truck Accidents Involving Spills and Lost Loads: What Victims and Families in Florida Need to Know

While truck accidents can have a variety of different causes, some of the most dangerous truck accidents are those caused by spills and lost loads. In many cases, these accidents happen suddenly and at high speeds—and they pose serious risks for all motorists on the roadway. But, even in other circumstances, they can still have serious or fatal consequences. If you or a loved one has been involved in one of these accidents, keep reading to learn what you need to know from an experienced Florida truck accident lawyer at Searcy Denney.

Victims and Families’ Rights in Truck Accident Cases Involving Spills and Lost Loads

As with all types of truck accidents, you have clear legal rights if you or a loved one has been seriously injured or you have tragically lost a loved one in an accident involving a spill or lost load. Trucking companies and other businesses are legally required to ensure that their trucks are safe for the road—and, when they fail to meet this requirement, they can be held fully accountable.

Ensuring that their trucks are safe for the road includes ensuring that their trucks’ loads are secure. Some examples of common failures that can lead to spills and lost loads include:

• Exceeding a truck’s gross vehicle weight rating (GVWR)
• Failure to cover dump truck beds (or failure to properly secure a truck bed’s cover)
• Failure to pressurize or properly secure liquid cargo
• Failure to properly strap or tie down a truck’s cargo
• Overloading garbage trucks or carrying overloaded open trailers

These (and other) failures can lead to common causes of accidents such as:

• Debris or Trash Flying Out of the Top of a Truck – Debris or trash flying out of the top of a truck can be extremely dangerous. Flying debris or trash may strike a vehicle behind the truck or land in the road resulting in a crash.
• Loss of Cargo from an Open Trailer – From windows and countertops to cars and SUVs, cargo being transported on flatbeds and other open trailers can come loose and fall into the road if it hasn’t been properly secured.
• Loss of Cargo Out of a Box Truck or Enclosed Trailer – Improperly secured cargo can also fall out of the back of box trucks and enclosed trailers. Even when cargo is being transported in an enclosed truck or trailer, it must still be properly secured.
• Loss of Loads Such as Gravel, Mulch and Sand – Dump trucks can lose loads of gravel, mulch, sand and other similar types of materials if their liftgates have not been fully closed and properly secured. They can lose their loads in rollover accidents as well.
• Spills of Oil, Gas and Other Liquids – Whether due to improper pressurization, a rollover or any other issue, if a tanker truck spills oil, gas or any other liquid onto the road surface, this can present an extremely dangerous—and potentially fatal—situation.

All of these can provide clear grounds for victims and their families to file claims after a serious or fatal truck accident. Whether a spill or lost load harms one victim or results in multiple casualties, everyone affected by the accident has the right to seek accountability and financial compensation.

In this scenario, victims’ and family members’ legal rights include:

1. The Right to Hold the Trucking Company (or Other At-Fault Party) Accountable

Even if an accident does not involve a collision with a commercial truck, the trucking company (or another party that is responsible for the truck’s cargo) can still be held accountable if the accident involves a spill or lost load. There is no excuse for trucking companies and other businesses making careless, reckless and dangerous mistakes that put drivers and passengers in harm’s way.

2. The Right to Seek Full Compensation for All Financial and Non-Financial Losses

If you have a claim for an accident caused by a spill or lost load, you are entitled to seek full compensation for your financial and non-financial losses. This is true whether you have been injured, a loved one has been injured or you have tragically lost a loved one. Recoverable damages in serious and fatal truck accident cases typically include medical bills and other out-of-pocket expenses, lost earnings, pain and suffering, emotional trauma, and loss of enjoyment of life.

3. The Right to Hire a Lawyer at No Out-of-Pocket Cost

When you need to seek financial compensation for a serious or fatal truck accident in Florida, you have the right to hire a lawyer at no out-of-pocket cost. You will not have to pay anything while your case is pending, and you will only pay a contingency fee if your case is successful. If you do not receive financial compensation for your losses, you owe nothing.

How to Assert Your Legal Rights After a Truck Accident Involving a Spill or Lost Load

Asserting your legal rights after a truck accident involving a spill or lost load starts with talking to a lawyer who can help you. These are complex cases, so it is important to have a lawyer with relevant experience on your side. As long as you contact a lawyer in time, your lawyer will be able to send an investigator to collect evidence at the scene of the accident and then use this evidence to fight for the compensation you and your family deserve. Your lawyer can seek to gather evidence through other means as well, and your lawyer will work closely with you to ensure that he or she is seeking full compensation for your financial and non-financial losses.

Talk to a Florida Truck Accident Lawyer About Your Legal Rights for Free

Are you facing the consequences of a truck accident involving a spill or lost load in Florida? If so, we encourage you to contact us promptly so that we can help you. To schedule a free consultation with an experienced Florida truck accident lawyer at Searcy Denney, call 800-780-8607 or tell us how we can contact you online now.