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Springfield personal injury attorney truck accident

Flatbed trucks, 18-wheelers, and other large commercial trucks haul everything from building materials to hazardous chemicals to household products. Most of the goods we use on an everyday basis were transported by truck at some point. When truck cargo is not properly loaded and secured in the truck, the results can be horrific. If you or a loved one were injured in a car accident caused by loose or fallen truck cargo, you may be able to bring a personal injury claim against the at-fault party. You may be entitled to compensation for your medical bills, pain and suffering, and more. However, you may need to overcome certain obstacles in order for your claim to be successful.

Proving an Accident Was Caused by Loose or Fallen Cargo Truck

Truck accidents can lead to costly property damage and severe or even deadly injuries. A personal injury claim may help you hold a negligent party accountable for a truck accident and recover compensation for damages. However, to win your truck accident claim, you will need to prove that the defendant’s negligent actions caused your injuries and that you sustained damages. Proving that an accident was the result of loose or fallen truck cargo is rarely easy. For example, you may have been involved in a car accident while swerving to avoid fallen truck cargo. Other individuals involved in the accident may even try to pin fault for the accident on you. Issues like these often make fallen truck cargo claims even more complex than other types of truck accident claims.

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Champaign personal injury attorney car accident

When a traffic accident occurs, everyone involved usually has an interest in establishing which party caused the accident. This determination is generally used to establish who will be financially responsible for the damages caused by the collision. Sometimes, the fault is quite clear, such as in a case where a careless driver crashes into the rear of a vehicle that is sitting at a traffic light. In other cases, determining blame is more complicated, as any number of drivers could have played a part in causing the crash. If there is more than one party with at least some fault for a car accident, the liability for any resulting injuries or damages could be shared also.

Types of Shared Fault Models

Each state maintains its own laws regarding how liability may be shared when the plaintiff in a personal injury case is partially at fault for the incident in question and states generally use one of three basic models. The first model is called “pure contributory fault,” which is used in just four states, as well as Washington, D.C. Under this rule, the injured party can only collect compensation as long as the victim had no fault at all for the crash. Even if the defendant was 99 percent at fault and the plaintiff was 1 percent to blame, the plaintiff is barred from collecting damages.

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