When Improper Loading Causes a Trucking Accident
- November 25, 2014
- Truck Accidents
When you are driving behind or near a commercial truck, you probably are not fully aware of all of the potential dangers that these vehicles can represent. Sure, you recognize the fact that it is a large vehicle that can cause a lot of damage if it were to be involved in a collision, but there are also the additional dangers that can be caused by the vehicle’s load. The cargo that is on the truck can make for an additional hazard if it is improperly secured. The truck itself may not even be in the collision, but it can cause serious damage and injuries if some or all of the load falls from the trailer.
Improper Loading Causes a Trucking Accident
Traffic accidents that result from unsecured cargo on a commercial vehicle have just as much potential to cause property damage and serious injuries. Think of the havoc that could ensue following a truck that loses part of its load on a crowded highway. It is not uncommon for an event like this to lead to a multi-car accident with several people suffering injuries. Navigating all of the legal aspects of an injury claim that resulted from a situation like this will take the skills of a Dallas truck accident attorney.
Regulatory bodies like the Federal Motor Carrier Safety Administration set strict laws for how a truck is to be loaded, the maximum cargo weight for a specific type of commercial truck and how the load is to be secured. This will include rules for the types of and how many tie-downs that are supposed to be used, different devices that might be needed to secure cargo and specific rules that apply to the transportation of specific materials.
Rules for Secured Cargo are Important for your Case
When an accident is caused by unsecured cargo, the rules about how a truck is to be loaded and how the load is to be secured are a very important part of the case. If you can show that one or even many of these rules were either ignored or violated unintentionally, it will go a long way toward establishing your claim. The problem for most personal injury lawyers is that they are unfamiliar with these regulations and they may not know the best ways to find evidence to demonstrate the necessary facts.
When a load that was not properly secured causes an accident, there could be multiple parties that hold some level of responsibility. This could include the trucking company, the owner of the load or the owners of a warehouse where the cargo was loaded on to the truck. The trucking company has a responsibility to make sure that their drivers know and follow all of the rules for securing the cargo and the same will also apply to the owners of a warehouse and their staff.
The cargo on a truck can be almost as hazardous as anything else on the road and objects that are falling from another vehicle can be very difficult to avoid. These cases may also have the odd aspect of the defendant’s vehicle not actually being involved in the collision. The truck wreck lawyers at Guajardo & Marks have experience with commercial vehicle accidents of almost every cause and we will follow every avenue to investigate the case and get you the full compensation that you deserve.