Too often truck drivers and other motorists don’t properly secure their cargo, leading it to crash dangerously onto the road. Whether it falls directly onto your vehicle or obstructs your or another driver’s lane, improperly secured cargo could lead to a serious accident, for motor vehicles, cyclists, or pedestrians.
If you or a loved one were injured because of unsecured cargo falling from a truck, you should consult with a New York car accident lawyer as soon as possible. Your medical bills are likely covered by your own insurance under New York’s no-fault insurance system, but if you experienced a severe injury, you may be entitled to additional damages.
Call 1-800-NOW-HURT for a free consultation with Buttafuoco & Associates.
Unsecured Loads and New York Traffic Law
New York Vehicle and Traffic Laws prohibits any vehicle from operating with an unsecured load. Furthermore, there are two particular legal statues that often apply directly to your case:
- Section 377 – Logs and other materials that may shift or roll: This section specifies that heavy or solid items that could shift or roll must be fastened securely using safety chains, cables, or other approved tie-downs to prevent any part of the load from falling. This applies to a wide range of materials, including logs, metal beams, or construction equipment.
- Section 380-a – Loose Cargo: According to this statute, it is illegal to operate an open truck or trailer on the highway carrying loose substances like sand or gravel unless the cargo is secured with a tarp or other device to prevent the loose material from spilling onto the road.
Given the clarity of these laws, improperly secured cargo is often an indisputable example of negligence in the case of an accident.
Navigating New York Insurance Law
New York is a strict no-fault insurance state, which impacts how and when you might pursue a personal injury claim for a traffic accident, including those caused by loose or unsecured cargo. It is important to keep in mind the following:
- Personal Injury Protection (PIP): All car insurance policies in New York carry Personal Injury Protection, which covers initial medical bills, ambulance fees, and lost wages up to $50,000, regardless of fault. This ensures that motorists receive the compensation they need to recover from their injuries. To receive this benefit, you must file an application with your insurance carrier within 30 days of the accident.
- Excess Financial Losses and Serious Injury Threshold: There are two main circumstances when you can file a lawsuit against the negligent party. The first is when economic losses (lost wages, medical bills, etc.) exceed your $50,000 PIP limit. The second is when the injury meets the threshold of “serious injury” under New York law. There are a number of specific criteria, such as a broken bone, dismemberment, loss of a fetus, permanent disability, and death, that you must meet in order for your injuries to qualify as serious. In either of these cases, you can seek additional damages from a negligent party for pain and suffering.
When to Speak with a New York Car Accident Attorney
If you or a loved one is the victim of an accident as a result of fallen or unsecured cargo, the legal team at Buttafuoco & Associates recommends seeking a legal consultation as soon as possible to maximize the compensation you receive for your injuries.
In addition to navigating New York traffic laws and insurance statutes, defining who may be negligent requires an additional layer of legal experience and expertise. Whether the at-fault party is the driver, the trucking company, or a loading facility may be unclear at first and each situation changes the dynamics of your case.
In some cases, multiple parties may be responsible. At Buttafuoco & Associates, we’ll fight for the compensation you need.
Call 1-800-NOW-HURT to speak with a car accident attorney in New York.
