When an accident occurs with a commercial truck or 18-wheeler, it is often assumed that the trucker is at fault. However, this is not always the case. Sometimes accidents occur due to the improper loading of cargo. When this occurs, the trucking company or personnel responsible for loading the truck may be liable for your injuries.
Laborde Earles Injury Lawyers understands the complexities involved in these situations. We work with clients in truck accident cases where improper loading is the cause of the accident. Contact our law firm today if you have questions regarding your collision. An Alexandria improperly loaded cargo lawyer can defend your rights and help you get the compensation you need.
Call (337) 777-7777 for a free case assessment.
Defining Improperly Loaded Cargo
Generally speaking, improperly loaded cargo refers to freight that is loaded in a way that either impairs the driver’s ability to operate the vehicle or presents a safety hazard.
Examples of improperly loaded cargo may include:
- A load weight that exceeds legal or vehicle weight limits
- Uneven distribution of weight throughout the vehicle
- Failing to properly secure or brace cargo
- Failing to prevent access to the cargo
- Loading cargo in such a way that blocks the driver’s vision
- Failing to monitor cargo while in transit
The Louisiana Department of Transportation imposes strict rules and regulations regarding truck and vehicle loads. When companies fail to follow these rules, the risk of an accident is much higher. Cargo can fall off a truck trailer, leak hazardous chemicals, go airborne in heavy traffic, or prevent the driver from maintaining control of the vehicle.
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Multiple Parties May Be Liable in an Improperly Loaded Cargo Case
In an accident that involves improperly loaded cargo, there may be multiple parties responsible for your injuries and other damages.
Negligent parties in a trucking accident may include:
The Truck Driver
The truck driver is responsible for making sure that the cargo is secure during transit. This means driving safely, staying alert, and checking the cargo periodically throughout the trip. The driver may have been inexperienced, poorly trained, distracted, or under the influence of drugs or alcohol while operating the vehicle.
Loaders/Laborers
Loading cargo properly begins with the loaders. They must follow all procedures and regulations for loading items onto a truck. The laborers may have violated regulations by failing to load the cargo safely.
The Trucking Company
The trucking company is responsible for training employees, adhering to state and federal regulations, maintaining all equipment, and hiring qualified staff. If the company fails to carry out its duties, then both equipment and cargo can become unsafe for travel.
Inspectors
It is the inspector’s job to make sure that all other employees and companies are adhering to safety regulations. Inspectors may be present at launch points, checkpoints, or destination points. An inaccurate inspection report can cause cargo to become dangerous while on the road.
Your Alexandria improperly loaded cargo lawyer’s job is to identify the liable parties and hold them responsible for your injuries and other damages. Let us represent you and see that justice is done. Call Laborde Earles Injury Lawyers today at (337) 777-7777 for a free case review.
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How to Determine if You Have a Case
A case involving improperly loaded cargo can be hard to navigate due to the destructive nature of trucking accidents. If the truck is on the side of the road, and all its contents are scattered, determining what caused the collision can become complicated. For this reason, your legal team may consult with an accident reconstruction specialist to determine who can be responsible for your losses.
An Alexandria improperly loaded cargo lawyer can investigate your claim to determine what happened and which parties are responsible.
We can obtain evidence of fault and liability, including:
- Loading documents and records
- The trucker’s logbook
- Statements from eyewitnesses
- Surveillance videos or photos from the accident scene
- Information from when the truck visited a weigh-in station
In addition, we can hire experts who can testify on your behalf as to the condition of the truck or cargo and how the accident led to your injuries. At Laborde Earles Injury Lawyers, we are committed to holding the responsible parties liable for your injuries and other losses.
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Damages in a Trucking Accident Case
There are two main types of damages in a trucking accident case: economic (verifiable) or noneconomic (non-verifiable) damages.
You may be entitled to pursue the following:
Economic Damages
Your financial losses may make up the majority of your claim. These are losses that we can calculate. They may include lost wages, property damage, medical expenses, or adjustments in living. Medical treatment may include both emergency care and long-term care.
Noneconomic Damages
Our lawyers also explore how the accident impacted your personal life and household. This may account for physical suffering, emotional distress, and an overall decline in the quality of your life. Disability or dismemberment may also count as a noneconomic loss.
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Filing a Wrongful Death Claim
If the truck accident resulted in the death of a loved one, you and your family may be entitled to a settlement from the at-fault party. Yet, only certain family members are able to take this type of legal action, as illustrated under Louisiana Civil Code §2315.2. If you are a qualifying representative, you may be able to pursue burial and funeral expenses, loss of household income, and various end of life costs.
The State’s Statute of Limitations
Under Louisiana Civil Statute §3492, you generally have one year from the date of your accident to take your case to court. If you are filing a wrongful death action, you are granted one year from the date of your loved one’s passing to file a lawsuit. You may not have a long time to act. Let us help you get started with your trucking accident claim today.
Call Laborde Earles Injury Lawyers Now
Trying to move forward with your case while you are in recovery can be overwhelming. Let our law firm represent you and get you the compensation you need to start rebuilding your life.
Call Laborde Earles Injury Lawyers at (337) 777-7777.
Get The HelpYou Need(318) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
