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Packing negligence: How does it lead to wrongful death?

On Behalf of | Jan 22, 2025 | Wrongful Death

Being negligent in securing cargo is a big problem that can cause serious accidents on any road. Imagine driving behind a truck when poorly secured cargo suddenly spills onto the highway. This situation is not just a traffic problem; it’s a potential death trap, especially for vulnerable road users like cyclists. Understanding such negligence’s legal consequences is essential for transporters and the general public.

What does Oregon law say about proper cargo securing?

The law clearly outlining the duties of those who transport cargo is clear. It clearly outlines the responsibilities of those who transport cargo. According to the Oregon Revised Statute, all vehicle cargo must stay securely fastened to prevent any part from dropping, sifting, leaking, or escaping. This rule applies to all vehicles, from small pickup trucks to large commercial rigs. Ignoring these rules can lead to:

  • Fines and penalties
  • License suspension
  • Criminal charges in severe cases like wrongful death

Moreover, the law states that no one should drive or move a vehicle on any highway unless loaded to stop its contents from dropping, sifting, leaking, or escaping.

How can packing negligence lead to wrongful death?

Packing mistakes can be deadly, especially for cyclists and pedestrians. When cargo spills onto the road, it creates surprises that can cause:

  • Quick swerving by other vehicles
  • Loss of control, leading to crashes
  • Direct hits with fallen objects

In Oregon, you can file a wrongful death claim if someone dies because of another’s wrongful act or failure. In packing mistake cases, this could apply to the driver who secured the load, the company that owns the vehicle or the group that loaded the cargo.

What steps should you take if you’re affected by packing negligence?

You should know your rights if you’ve been involved in an accident caused by improperly secured cargo or lost a loved one due to such negligence. However, facing complex laws surrounding wrongful death and negligence claims can be challenging.

A lawyer with experience in these matters can help you gather necessary evidence, identify all potentially liable factions and understand the full extent of your legal options. Remember, time is of the essence in these cases. Oregon has a statute of limitations for wrongful death claims, so acting promptly is key to seeking justice for your loss.