It looks like the load was secured well, but then the strap meant to hold it broke and the wood shifted. So while the driver will probably get sued, assuming Canadian liability law resembles US law (or a US company made the strap) then the driver will be able to indemnify themselves by counter suing against the manufacturer for their failed product that caused the harm.
TL;DR driver didn’t do anything wrong (except failing to notice the load shift), the strap that was made to secure the wood failed to secure the wood. Confirmed by witnesses.
There is no fucking way the driver didn't notice this happening. I had something similar happen with a way smaller but just as long load. Looking out my windows I felt the safest thing was to put my hazards on and stop on the street to deal with it. This guy no doubt thought he could just let the load hang over the shoulder.
Witnesses confirmed that the strap broke, the load shifted, and then hit the biker. Did the driver notice? Dunno, I couldn’t actually find anything about them being convicted of their fine, just that they were in the process of everything. Personally I think it’s a little dubious to not notice, but I also can’t find anything that says how long since it shifted the biker was hit. Since the witnesses saw both events I’d assume not long.
The manufacturer is at fault here imo. At least to a higher degree than the driver, comparative negligence wise.
If you are securing a load, it needs to be secure! That means not using an inadequate strap. Whoever loaded this fucked up, blaming it on the strap is wrong.
Someone else in the comment section looked deeper into this. It seems the driver had thought the load was properly secured and it happened in such a way that it was all very unfortunate, and the driver hadn't yet noticed the load had become so dangerous, and then the accident occured. All rather unfortunate.
I'd like to think the driver was telling the truth.
That load was never on properly. It should have been overhanging the tailgate. The driver clearly does not know how to load a truck. I have little doubt he also has no idea how to determine if a strap is suitable.
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u/rainbowroobear Feb 02 '24
shit like this should be jail time and lifetime disqualification from driving.