A motorist in Alberta violates the law, when carrying an object in a vehicle, even though that specific vehicle’s design lacks the features that work to keep a hauled object from falling onto the road. According to the law, the proper design eliminates the chance that any of three paths could get used, in order to allow for the sudden appearance on the highway or street of some strange object.
What 3 routes could allow such an appearance to disrupt the flow of traffic?
• An object’s dropping off of the means of transport
• An object making its way through a crack in a carrier, one which is on some means of transport
• Leaking fluid
Suppose a falling item hits one of the other vehicles on the road. Who can be held liable for any damages or injuries? If some demonstrated negligence during the loading process, then that negligent loader could be held responsible.
How could someone show that the driver had been negligent?
You need to first prove that the driver had a duty to load each of the carried objects carefully. Next seek evidence that the same duty was breached. Was there some type of cover over what was being carried? If not, the driver displayed a breach of duty.
Then answer this question: Did the falling item injure someone; did it hit someone?
Then answer this question: Did the same falling item damage any of the vehicles on the road? If evidence supports a “yes” answer to the last 2 questions, then the first proof and the required evidence would reveal the existence of the driver’s negligent behavior, before attempting to transport the item that eventually landed on the road’s surface.
Injury lawyer in Red Deer would also check to see the distance between the location of the fall and the time of the resulting accident. By the same token, the legal authorities would check to see if the equipment being used for transport purposes remained under the driver’s control. In addition, representatives from the court would ask this: Did the injured person contribute voluntarily to creation of the accident?
How does the law deal with evidence that someone who makes money by hauling objects has been careless and neglectful?
The information about the distance of the fallen item from the accident would get combined with this known fact: Something falling from a vehicle should get viewed as a potential hazard. It could cause an accident. Thus, all of that information might be used to focus on the negligence of a shipper or a cargo carrier. If either of those two different people could be proven negligent, then the same careless and neglectful individual could be held liable for any injuries or property damage.