Negligence in items flying off a truck or running over a loose item in the road

Posted Thursday, June 23, 2011 by Ed Harper

In order to recover against another driver you typically have to prove negligence on their part. This requires you to prove they failed to act reasonably under the circumstances and this failure caused you to be injured or sustain some type of damage. Hopefully you will be able to prove what the item was coming off of the truck. Merely running over something would not likely be recoverable in my opinion, unless you can prove they acted unreasonably (see above).

In the State of Washington, one must tie down their loads placed in the back of a truck. Recently, there was a prominent case against U-haul and a driver for failing to secure a load which flew off the trailer and permanently injured a young woman causing her to be blinded. Shortly thereafter the State Legislature enacted tougher standards for the securing of loads.

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