Legal Question in Personal Injury in Ohio

truckload fall on road,causes accident

pick-up truck has chairs fall from back of truck,on to roadway,it was dark outside,car comes up on chairs about 2 or 3 minutes later,after they fell off truck and sees chairs in middle of road and tries to swerve to miss them and hits them and runs off road and wrecks car .is the truck with the chairs liable or at fault.

Asked on 9/09/99, 9:29 pm

1 Answer from Attorneys

Curtis J. Hamilton Neel Wilson & Clem

Re: truckload fall on road,causes accident

Based upon these limited facts, yes, the truck driver is probably liable. His negligence in properly securing the chairs is the proximate cause of the wreck; it was reasonably foreseeable that when he improperly secured the chairs, they might fall out onto the road and cause an accident. Obviously, there are other factors to consider, such as your contributory negligence (speed, why you didn't come to a stop to avoid them, etc.). I suggest filing a claim with your insurance and the truck driver's insurance companies, and contact an attorney if the claims are denied.

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Answered on 9/13/99, 2:42 pm

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