According to the Federal Motor Carrier Safety Administration (FMCSA), a shift in cargo is an associated factor in four percent of commercial truck accidents. However, cargo shifts represent 56.3 percent of relative risk of accidents occurring. When cargo is not loaded properly on commercial trucks, it may shift during the ride and cause an imbalance of weight to the truck, resulting in a jackknife accident.
The Meaux improperly loaded cargo lawyers from Laborde Earles Injury Lawyers are here to help you with your claim. Contact us at (337) 777-7777 to get started.
Common Causes of Improperly Loaded Cargo Accidents
Improperly loading cargo can result in serious accidents that threaten others’ lives and safety on the roadway. Common causes that lead to improperly loaded cargo accidents include:
- Exceeding permissible weight limits
- Not using the correct size or strength of tie-downs
- Letting cargo shift during transport
- Failing to balance the truck’s load properly
- Using defective or worn out tie-downs
- Securing tie-downs improperly
- Obstructing the driver’s view with the truckload
- Failing to check how others load the cargo
- Failing to pressurize cargo that contains liquid or gas properly
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ClientImproperly Loaded Cargo Accidents Can Cause Spills and Rollovers
A variety of accidents can be caused by improperly loaded cargo, such as:
- Cargo spills: Cargo that is not properly secured can fall off the back of the vehicle and onto the road and/or vehicles near the truck. Vehicles may swerve to avoid hitting the fallen cargo and hit other vehicles in the process, possibly resulting in a multi-vehicle accident.
- Hazardous spills: Some trucks may carry fuel, gas, toxins, explosives, chemicals, and flammable liquids or gases. Barrels of these dangerous materials may fall off the truck and harm others on the roadway.
- Jackknife accidents: Jackknife accidents occur when a trailer folds at an acute angle and swings to the side. This can occur if the trailer is going faster than the truck cab or when cargo is not secured properly.
- Tire blowouts: Tires may face additional pressure when they are supporting too much weight. This can cause them to blow out and for the truck driver to lose control of the truck.
- Rollover accidents: If cargo shifts during transport, the vehicle can become unstable and become more likely to roll over onto its side.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientTruck Drivers Must Follow Rules for Properly Loading Cargo
The FMCSA has published rules regarding cargo securement that truck drivers and companies involved in interstate travel must adhere to. Some of these rules include:
- All loads must be firmly immobilized or secured
- Truck drivers must use tie-downs, shoring bars, or other structures of adequate strength to secure the load
- Truck drivers must use an appropriate number of tie-downs for the length and weight of the load
- Truck drivers must ensure the load does not obstruct their field of vision or access to emergency equipment
- Truck drivers must follow specific rules for certain types of cargo, such as logs, hazardous materials, concrete pipes, and metal coils
- Truck drivers must check that the cargo is loaded properly
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientUnderstand Who Might Have Liability for Improperly Loaded Cargo Accidents
The FMCSA states that the motor carrier and the truck driver are responsible for ensuring that cargo is loaded and secured correctly. Even if a third party or company handles the truck loading, the truck driver must still check the load before driving.
When improperly loaded cargo accidents occur, this is usually the result of the trucking company’s or truck driver’s negligence. The following are types of negligence that may lead to an improperly loaded cargo accident:
- Being in a hurry and not checking to make sure the cargo was secured properly
- Not ensuring the cargo was balanced properly
- Exceeding the weight limit for the truck
- Not checking the load throughout its transport
While the truck driver is on the ground and responsible for checking that the load is properly secured, the trucking company may also be liable because they are responsible for their employees’ actions. If a truck driver violates federal regulations, and this violation results in a motor vehicle accident, the injured victim may be able to pursue a claim against the trucking company. Additionally, injured victims may be able to make a claim against the cargo company that was responsible for loading the cargo.
Because many different parties might be responsible for cargo-related accidents, you may wish to contact a Meaux improperly loaded cargo lawyer to determine who may be legally liable for the damages you sustained.
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ClientYou May Receive Damages After an Improperly Loaded Cargo Accident
The party that is found liable for the accident may be held responsible for your damages, including:
- Property damage
- Current medical expenses
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
Call Us Today to Learn More About Your Claim
If you or your loved one was injured by falling cargo, a jackknife incident, or some other truck accident involving improperly loaded cargo, a Meaux improperly loaded cargo lawyer from Laborde Earles Injury wants to help with your claim.
Trucking companies are likely to have a legal team in place to protect their interests, so having your own lawyer may help level the playing field. Our team can investigate the circumstances surrounding the accident, advise you of your rights and options, identify potentially liable parties, and handle communication with the insurance company.
We will stand by your side throughout your claim and will work hard to protect your rights. We work on a contingency fee basis, so you will not have to pay our attorney’s fees unless we win your case. Call us today at (337) 777-7777 to speak to a member of our team.
