Tailgate failed, box fell out, crash!!!

What is the name of your state? NJ.

Yesterday, I was using a friend's pickup truck to transport a patio set I purchased.

In a 35 MPH zone, the tailgate failed and opened. A box containing two metal chairs fell into traffic.

The SUV immediately behind me was able to stop and not hit the box ( which didn't open ). The three cars behind him also successfully stopped. The fifth car, an early '90s compact, didn't stop and ran into the 4th car, a newer TransAm or Firebird ) doing some rear-end damage to the TransAm and likely totalling the fifth car. No one was injured.

I was issued a summons for "Loading as so to spill" (NJ 39:4-77).

I am concerned that if I pay the fine, which admits guilt, I may be putting myself in harms way ( with respect to getting sued by someone down the road).

The cop said I will be mentioned on the accident report, but only to explain the accident.

What should I do? Obviously, I had no idea the tailgate was going to open and 4 others were able to stop without crashing into the obstacle in front of them.

Thanks in advance,
leftie

[HomeGuru]

Originally posted by bigleftie
What is the name of your state? NJ.

Yesterday, I was using a friend's pickup truck to transport a patio set I purchased.

In a 35 MPH zone, the tailgate failed and opened. A box containing two metal chairs fell into traffic.

The SUV immediately behind me was able to stop and not hit the box ( which didn't open ). The three cars behind him also successfully stopped. The fifth car, an early '90s compact, didn't stop and ran into the 4th car, a newer TransAm or Firebird ) doing some rear-end damage to the TransAm and likely totalling the fifth car. No one was injured.

I was issued a summons for "Loading as so to spill" (NJ 39:4-77).

I am concerned that if I pay the fine, which admits guilt, I may be putting myself in harms way ( with respect to getting sued by someone down the road).

The cop said I will be mentioned on the accident report, but only to explain the accident.

What should I do? Obviously, I had no idea the tailgate was going to open and 4 others were able to stop without crashing into the obstacle in front of them.

Thanks in advance,
leftie

**A: so what ws the exact problem with the tailgate? And what did your friend say about it after the accident?

The "exact" problem was that the latch that 'locks' it in place is unreliable.

He said he knew about the tailgate being fussy, but it never opened before.

[HomeGuru]

Originally posted by bigleftie
The "exact" problem was that the latch that 'locks' it in place is unreliable.

He said he knew about the tailgate being fussy, but it never opened before.

**A: did he tell you that at anytime before you used his truck?

A picture would be great here, but I'll do my best with words.

Picture the tailgate having two "latches" that come out either side. These latches are on the tailgate door. When you pull the handle, the latches go in...allowing the door to open.

His problem is that they don't always come back out. So, when you try to close the tailgate, it won't close if the latches haven't come back out. The solution is using a screwdriver to pry them out. Essentially, "resetting" the latches. Then, they will catch when the tailgate is closed.

I knew this since I have used the truck before and he told me about it. he told me to use the screwdriver to pull out the latches and then the tailgate would close and lock. he never mentioned any chance of it un-latching once it was latched.

Thanks

[divgradcurl]

"I am concerned that if I pay the fine, which admits guilt, I may be putting myself in harms way ( with respect to getting sued by someone down the road)."

You should be able to plead "no contest" in traffic court, which will give you the same fine as a guilty plea, but will not be an admission of guilt in a later civil trial.

However, since you are going to get sued eventually anyway, it'll save everyone the trouble of proving you are responsible (and you are) by pleading guilty now...

I hope you had your insurance paid up!

I am guilty? Of which offense(s)?

Loading so as to spill? OK, perhaps if that's what the court says.

Liable for the crash? I would take my shot in court since 4 others found themselves able to stop before the 5th guy crashed.

Since you mention insurance. Would it be my auto insurance, the trucks owner's auto insurance or another insurance policy that would come into play if someone sued me?

Thanks,

p.s. Is there a way for the general public to search past cases involving this statute?

I'm inclined to agree with bigleftie here. The first 4 drivers behind him managed to stop without hitting anyone. Shouldn't Driver Number 5 have received a ticket for following too closely/failure to stop (or something similar)?

I just wanted to add that my ticket was a no-fault ticket.

The driver of the 5th car did receive a ticket, which ( according to the cop ) made him responsible for the accident.

I am just concerned that admitting to guilt would legally bind me to something that I don't agree that I'm guilty of.

It's not like I drove over the speed limit... or failed to stop at a stop sign... or ran through a red light.

I simply loaded a truck, closed the tailgate and drove off assuming that the tailgate would remain closed until someone opened it. I believe this assumption is very similar to driving off and assuming that the door would remain closed until someone opened it.

I don't believe that mechanical failure of the vehicle can be pinned on the driver unless the driver has reason to believe the failure is likely... which I wasn't.

[divgradcurl]

"I simply loaded a truck, closed the tailgate and drove off assuming that the tailgate would remain closed until someone opened it. I believe this assumption is very similar to driving off and assuming that the door would remain closed until someone opened it."

But this isn't a valid assumption in this case. As you stated above, you KNEW that there were problems with the tailgate latch.

"I don't believe that mechanical failure of the vehicle can be pinned on the driver unless the driver has reason to believe the failure is likely... which I wasn't."

Maybe you didn't think "failure was likely" but you did know something was wrong.

Look, Ramoth has a point -- if everyone else could stop, but this one guy couldn't, that's an issue. That driver will likely be found more or less at fault. But don't be suprised if they drag you into a lawsuit, and the judge finds you at least partly responsible.

So, plead "no contest," pay the fine, and see what happens, and hope for the best!

OK, "no contest and hope" it is.

Thanks everyone!