WCVB TV Boston reported that a 27 year old man from Lynn, Massachusetts was killed in a car accident yesterday on Route 93 in Somerville, Massachusetts. The accident occurred in Sullivan Square when a 400 pound tire that fell off a flat bed truck. The tire smashed into the driver’s windshield car. The Boston Globe reported that the car flipped over. The driver was taken to Massachusetts General Hospital where he was pronounced dead.
“At some point, the load became unsecured and one tire fell off the truck, bounced on the roadway, where it struck the windshield of a 2003 Mitsubishi Gallant,” Massachusetts State Police said in a statement as reported by WCVB TV Boston.
The Federal Motor Carrier Safety Administration (“FMCSA”) issued new cargo securement rules that took effect in 2004. The rules are contained in 29 CFR 393.100 – 393.136. cover all “trucks, truck tractors, semitrailers, full trailers, and pole trailers” Essentially, the federal rules require that all cargo must be immobilized or secured in order to prevent the cargo from shifting, rolling or falling off while in transit.
In addition to the driver and trucking company, there may be other persons or companies who may be legally responsible for a truck accident involving shifting or falling cargo. These may include the persons and company who loaded the truck.
If you or a loved one have been seriously injured in a car accident caused by a truck, you should contact an experienced car accident attorney to discuss your legal right to compensation.
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