Cargo Loading Accidents Caused by Improper Cargo Loading
The safety of the roads can be seriously compromised by trucks. One of the most pressing concerns is cargo falling off. A truck losing a full or partial load can put other drivers in really dangerous situations. In many cases, avoiding debris scattered over the road might not be possible. Trucks carrying a large cargo could cause extreme accidents on the road.
There is often multiple liability for improperly loading cargo, depending on those involved and the cause of the accident. One who is responsible for loading the truck or supervising the work could be included in the list of parties who can be held responsible.
When a truck accident claim is filed, the process can be quite complex. Our attorneys will determine whether the cargo was improperly loaded , and who might be liable for the incident.
Securing and Loading Cargo Rules
The FMCSA reports that the following must be properly secured by drivers:
– Cargo securing equipment
– Spare tires
The main objective of securement is to keep the cargo from moving around during transit. Loads that are unsecured could fall off your truck and end up on the ground. Shifting cargo may make it difficult to properly handle a truck when it shifts around. It is important for drivers to ensure that trucks are loaded properly.
The FMCSA requires drivers to conduct periodic inspections during the entire transit process. To make certain that all cargo is distributed and secured correctly, all cargo must also be inspected prior to the trip.
The FMCSA not only requires drivers to perform inspections, but it also has extremely detailed and strict requirements regarding cargo security. Truth be told, the FMCSA goes much further than most people might believe is necessary to prevent the serious dangers caused by improperly secured or loaded freight on highways that may jeopardize safety.
A person who secures cargo to a large truck must use specific tie-downs at a specific location. The loader must ensure that equipment placed alongside another person during transit is maintained in direct contact with that other person or, if transverse tie-downs are used, that equipment must be prevented from moving towards the other during transit.
Overloaded, improperly loaded, and unsecured cargo cause truck accidents?
So far, we’ve discussed parties that might be liable. In order to prevent any sort of accident causing damage to cargo due to improper loading, we should discuss who could be held liable in the event of an accident. Overloaded, improperly loaded, or unsecure cargo increases the risk of truck accidents involving cargo. Accidents of this type can happen quite suddenly and can be quite dangerous for pedestrians.
A major problem with inadequately secured cargo, improperly loaded, or overloading cargo is that these conditions cause the cargo to be unstable. During this unstable period, a cargo spill and rollover may occur, which is very dangerous. A cargo spill will create additional road hazards, which may cause serious accidents. The truck driver will also make mistakes due to instability, which makes it more difficult to control the truck.
If improper cargo storage caused the accident, how would I prove it?
It is not enough to prove that improperly secured cargo caused your accident in order to file a compensation claim for compensation. In order to do this, you must collect evidence to prove the reason for the accident. Among those evidences could be:
– Eyewitness statements stating the driver swerved ahead of the accident
- Logbooks proving the cargo was not adequately loaded and evaluated by the operator
– Records of cargo loading
Contact The Trucking Lawyers at (855) 396-3926 for a consultation