• February 28, 2017

Ashley Wagner Injured in Lawrence, NJ, Dump Truck Accident

Lawrence, NJ -- February 23, 2017, Ashley Wagner was injured as the result of an accident where debris fell from a dump truck and hit her car.

The New Jersey State Police responded to the scene around 7:35 a.m. near the I-295 and Route 1 interchange.

According to their preliminary investigations, 23-year-old Wagner was raveling southbound on I-295 in a passenger car. In front of her was a dump truck owned by LMO Trucking. As they traveled, a piece of debris from the truck's cargo flew out and smashed through Wagner's windshield. This caused the car to lose control, and it crashed into a guardrail.

Wagner suffered serious injuries in the accident, and EMS transported her to Capital Health Regional Medical Center. No other injuries were reported.

Authorities stopped the dump truck, but it's unclear if any citations or charges were filed. Investigations are ongoing.

Map of the Area

Commentary

Most people are going to see an accident like this one and think that the trucking company has no defense against this, that they are clearly at fault. As it is with all commercial truck accidents, trucking companies have plenty of excuses they can pull to try and avoid liability for the accident.

When it comes to debris or cargo falling from a dump truck, a typical argument is that the person who was hit was following too closely (ever see those signs that say trucks aren't responsible for falling rocks?). They could also say that the driver of the car should have seen the debris, had plenty of time to avoid it, and failed to take proper evasive maneuvers. I've also seen plenty of drivers say, "Hey I didn't load the cargo, I just picked it up. It's not my fault."

If these sound like flimsy defenses to you, that's because they are. But even the flimsiest defense will hold up unless it is pierced by evidence. The way to counter these kinds of strategies is for victims to ensure that their representation is experienced enough to see them coming. Trucking companies can make all the excuses they want, but rock-solid evidence, a well-prepared case, and an experienced professional are all it takes to make those excuses fall on deaf ears.

--Grossman Law Offices

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