On a daily basis, drivers in Massachusetts will often encounter commercial vehicles such as semi-trucks, tractor-trailers and dump trucks. While these motor vehicles are beneficial in transporting goods and shipments across the state and nation, these massive vehicles also present dangers and risks on the roadways. While the goods that many trucks transport are confined within the vehicle, others are not. If a truck is not properly loaded and objects are not properly tied down, this could lead to falling debris and possibly a serious truck accident.
What rule regulates truck loading and falling debris? Chapter 85 Section 36 of Massachusetts’s law governs the loading of a commercial vehicle and maintaining the load while the vehicle is in operation. According to the law, a vehicle should be constructed and loaded in a manner to prevent a load from dropping, sifting, leaking or otherwise escaping from a vehicle.
Failure to load a truck properly could result in liabilities for the driver or company responsible for the falling debris from the truck. A fine of up to $200 could be levied. In addition, a negligent driver or trucking company could endure civil liabilities for an accident caused by falling debris from a truck.
A victim injured in a truck accident caused by falling debris could file a personal injury claim against the liable party. This could provide compensation for the injured victim, helping to cover expenses such as medical bills, lost wages and damages.
Those harmed by falling debris or other types of truck accidents should understand the rights afforded to victims. An investigation could help determine the cause, helping to establish what party or parties are responsible for the incident. This information could help victims and their loved ones file a civil action for the losses and damages arising from the incident.
Source: Malegislature.gov, “Construction and loading of vehicles to prevent dropping of load on way; penalty,” accessed June 15, 2015
