According to the Federal Motor Carrier Safety Administration (FMCSA), shifting cargo causes approximately 4% of all truck accidents. Each load must be properly secured to ensure that the cargo does not come loose and the driver does not cause unnecessary risk to other road users.
Vehicles that carry cargo are usually 18-wheelers and semi-trucks. These vehicles are heavy and powerful on their own, meaning they require drivers to have a higher skill level to operate them safely. When they carry improperly loaded cargo, even the most skilled drivers can cause accidents. Improperly loaded cargo can:
- Increase the pressure exerted on the vehicle’s tires, leading to blow-outs.
- Increase the overall weight of the vehicle, making it harder to stop or control.
- Fall off the truck, leaving dangerous debris on the road.
- Strike another vehicle.
- Cause damage to the road, which will put road users at risk.
Many trucking regulations specify the weight a vehicle can carry and proper procedures for securing cargo. Still, mistakes can occur in the loading process, and if an improperly loaded vehicle causes an accident, the driver or the company responsible for the cargo are liable. This means that you can recover compensation for your injuries and property damages.
Pursuing the compensation you deserve will not be easy, which is why many decide to contact an Abbeville improperly loaded cargo lawyer. A lawyer can negotiate with the insurance company and conduct further investigation to prove that the other party is liable. Contact an accident caused by improperly loaded cargo lawyer from Laborde Earles Injury Lawyers at (337) 777-7777.
Types of Accidents Caused by Improperly Loaded Cargo
Improperly loaded cargo can cause a wide range of accidents that may result in serious injuries for both the driver and other road users. Some of the accidents that can occur from improperly loaded cargo include:
- Rollover accidents.
- Side impact collisions.
- Multiple collision accidents.
- Accidents involving the spillage of hazardous materials.
Improperly loaded cargo can cause a rollover accident when the cargo makes the vehicle less stable. Higher weight at the top of the vehicle will raise the center of gravity, making it easy for it to rollover. A rollover accident is quite serious, and often causes catastrophic injuries to the parties involved.
If the cargo prevents the driver from properly checking his or her blind spot, the vehicle may collide with other drivers when changing lanes. Such accidents are quite dangerous because the vehicle may continue moving even after colliding with other vehicles.
Cargo spills can also result in serious accidents. When an improperly loaded vehicle loses control, the cargo may come loose and collide with the side of other vehicles on the road. Improperly secured cargo can also spill hazardous materials on the road, such as flammable liquids or toxic waste. Hazardous materials may cause permanent damage to other vehicles and severe injuries.
If the flammable liquids get exposed to any heat, this may cause an explosion that may affect other vehicles. Getting an Abbeville accident caused by improperly loaded cargo lawyer can help you recover compensation from the party responsible for the accident. Schedule a free consultation by contacting Laborde Earles Injury lawyer at (337) 777-7777.
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Determining Fault in an Accident Caused by Improperly Loaded Cargo
Multiple parties may be at fault for an accident caused by improperly loaded cargo. These include:
- The individual who loaded the vehicle
- The driver of the vehicle
- The owner of the cargo
- The trucking company that owns the truck
The person who loaded the vehicle may bear the most liability if they did not secure the items correctly. The truck driver faces liability if they:
- Do not regularly check to see that the cargo remains secured at certain intervals.
- Knowingly drive an improperly loaded truck
- Practice dangerous driving behaviors, such as aggressive, distracted, or drowsy driving.
The owner of the cargo may be at fault for failing to specify the nature of the cargo to the loading company. This is because the loading company should know the nature of the cargo to properly secure it.
The company that the driver works for may be at fault if it fails to keep up with the truck’s maintenance and provide the driver with the proper tools and training. The trucking company can also be at fault for asking the driver to work longer hours than regulations allow, as this can lead to fatigue. The driver may fall asleep at the wheel, causing an accident.
An accident caused by improperly loaded cargo lawyer will prove how the liable party was responsible for the accident. An attorney can also inspect shipping records and other types of evidence to help build your case for compensation.
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How an Attorney Can Help with Your Case
Handling an accident case involving a commercial trucking company can be difficult. Many parties may be involved in the case, which can complicate the process of determining liability. You will also need to gather evidence to support your claim, which may require you to reach out to the trucking company for information and records.
Finally, you will need to file your claim with the insurance company. If the insurer offers a lower award than you feel is reasonable, you can attempt to negotiate or file a lawsuit to take your case to court. If you suffered injuries in an accident, handling all of these steps can complicate your recovery. When you hire an accident attorney, he or she can take over this process on your behalf.
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Get a Free Case Evaluation Today with Laborde Earles Injury Lawyers
There are many details in accident cases involving improperly loaded cargo trucks. If you are in the middle of such a case, having legal representation on your side can help. Contact an Abbeville improperly loaded cargo lawyer because they gather these details and build a case to your advantage. Give Laborde Earles Injury Lawyers a call at (337) 777-7777 and receive a free case review today.
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