Liability For Improper Cargo Loading Accidents
Falling cargo is one of the most serious threats to road safety. when trucks lose a partial or an entire load, it can cause serious danger to other vehicles on the road. Avoiding the ensuing debris that is scattered across several lanes may be nearly impossible. Serious accidents may occur due to this debris.
Frequently, the liability is placed upon multiple parties, however, it can be dependent upon several mitigating factors including the handling of the cargo that caused the accident in the first place. Those who are liable may include anyone that was supervising or overseeing the load.
It can be a complicated process at best to file a truck accident claim. If you choose to consult a Trucking Lawyer, we can help you in determining who is at fault and whether or not the cargo was safely secured.
Rules For Cargo Loads
Securing and Loading cargo loads according to the FMCSA must follow the right criteria. This includes:
Spare Tires
Doors
Cargo Securing Equipment
Tailgate
Tarpaulin
Securing a load is the main goal and it will prevent the cargo from shifting while it’s in transition. Unsecured loads may end up falling from the truck onto the roadway. As the cargo shifts, it may become more challenging to keep the truck under proper control. For this reason, drivers must ensure that their trucks are properly loaded prior to departure.
Per FMCSA, drivers must conduct a periodic inspection during the entire transit process. It’s mandatory that all cargo is inspected prior to each trip to make sure that it’s properly secured and distributed.
In addition to the inspections, drivers are also required to follow specific details and requirements to ensure that the cargo is at all times properly secured. The FMCSA goes above and beyond what many consider to be the ideal process of loading in order to prevent any potential danger or hazard that could jeopardize safety.
A good example is that anyone who secures cargo must use specific types of tie-downs for specific locations. Also, should there be anything placed next to something by a loader, it must use transverse tie-downs and the items must be loaded according to the standards set forth. It’s vital for the loaders to ensure that they’re not moving toward other items during the transit.
How Can An Unsecured Load, Or An Improperly Loaded Load, Or an Overloaded Truck Cause An Accident?
We’ve discussed potential liability, now let’s discuss how the accident could be caused by improper loading, and narrow down the potential dangers to the liable parties. Loads that are improperly secured, improperly loaded or overloaded may greatly increase the potential danger of a truck accident caused by cargo. This kind of accident can take place without warning and is very serious for all drivers on the road.
The major issue with an improperly secured load or an overloaded cargo area is that there is instability for the truck. This can cause a rollover or a cargo spill that can be quite serious. Cargo that spills out over the road can create more hazards for other drivers and raise the likelihood of a potentially deadly accident. This instability can make it challenging at best to control the truck and it may increase the risk of the driver making an error.
How Can I Show That The Accident Was Caused By An Improperly Secured Load?
To be eligible for filing a claim and obtain compensation, you’ll first be required to show that the improperly secured load is what was the cause of the accident. To do this, you must collect the required evidence to show the cause of the accident. Such evidence may include:
Statements from eyewitnesses prior to the accident taking place showing that the driver was swerving
Logbooks that show the driver failed to check the cargo
Cargo load records
Give us a call at 855.396.3926 for a free consultation on your case today. We’re ready to help you.
