Truck Driver Dies Unloading Cargo

 

Man Crushed to Death by Loose Cargo

According to a KSAT News report, a Houston truck driver was crushed to death while unloading cargo in the San Antonio area on June 28, 2023.

The truck driver was unloading marble slabs at a business on the 200 block of East Nacoma Drive near U.S. Highway 281 Warfield Street when the load loosened and fell on him, according to the report. A nearby construction crew heard the commotion, came to check on the driver, and reported the incident to the police. The man was pronounced dead at the scene at around 10 a.m., and police are waiting on the Bexar County medical office to identify the man who was reportedly traveling from the Houston area.

Did You Know?

According to a study conducted by the AAA, debris in the roadway cause roughly 9,805 injuries per year in the United States.

Texas Laws Regarding Roadway Debris

The Texas Transportation Code outlines how loads are to be transported safely on our roads. Section 725 states explicitly that any vehicle that transports materials in which there is a crack or hole that allows them to escape commits an offense. Additionally, Section 600.001 outlines that if injurious (which means likely to cause harm) or destructive debris was to fall off a vehicle and into the road, the driver is responsible to clear the debris immediately.

Despite this, thousands of Texans are injured, and their vehicles are damaged by falling debris every year. With construction seemingly everywhere in San Antonio right now, it’s important to know your rights when your vehicle is seriously damaged or you are injured in an auto accident caused by road debris.

Responsibility

With the plethora of construction vehicles on San Antonio highways right now, you have probably seen a few “we are not responsible for damages” signs while driving. However, just because a vehicle claims to have no responsibility for damages their loose cargo caused doesn’t mean it’s true. In fact, those signs mean essentially nothing in the eyes of the law and are mostly intended to deter individuals from seeking lawsuits. If a construction or any other type of vehicle allowed their cargo to fall out and damage your vehicle and/or cause an accident leading to injury, then they are responsible for damage in the eyes of the law.

Avoidable Debris Exceptions

Insurance companies will often not cover “avoidable road debris” if your vehicle strikes something laying in the road in enough time for you to see it and avoid it. However, there are some exceptions to this rule. For example, if a construction company leaves debris in a dangerous place on the roadway, they may still be held accountable for this.

Proving Negligence

Like in a regular car accident, in order to collect damages, negligence must be proven by establishing:

1. Duty of Care – You must show that the construction company or other driver owed you a duty of care.
2. Breach of Duty – You must show that this duty was breached.
3. Causation – The breach of duty must directly cause your injury.
4. Harm – What you suffered must be quantified and shown.

A Carabin Shaw personal injury attorney can help you do that.

Car Damaged by Debris?

Contact the personal injury attorneys at Carabin Shaw today if your car was damaged or if you were injured by debris in the roadway at 800-862-1260, or fill out this form. We look forward to using our thirty years of experience to serve you.