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Debris From A Truck Hitting a Car

January 5, 2019

Our New York City truck accident lawyers know that items Fallon’s off of an open bed truck and hitting another vehicle is a common occurrence. Contrary to what the trucking companies will say, this is not an accident because if the trucking companies are careful and secure their loads, this will not happen.

The law in New York is crystal clear that trucking companies are under a duty to carefully secure their loads. The New York Courts have been tough on trucking companies that are careless in securing their loads when a load shifts or falls off the truck and causes an accident. New York Courts recognize that  the unexcused violation of a provision of the Vehicle and Traffic Law constitutes negligence perse New York’s Vehicle and Traffic Law § 380-a (1), states that “[i]t shall be unlawful to operate on any public highway any open truck or trailer being utilized for the transportation of any loose substances, unless said truck or trailer has a cover, tarpaulin or other device of a type and specification . . . which completely closes in the opening on . . . said truck or trailer while said truck or trailer shall be so operated, so as to prevent the falling of any such substances therefrom. However, if the load is arranged so that no loose substance can fall from or blow out of such truck, the covering is not necessary.”

Our New York truck accident lawyers will continue to represent victims of truck driver neglect in securing their loads and will continue to fight to get compensation for innocent motorists who suffer personal injuries.

The Law Offices of Michael H. Joseph