The competitive nature of the trucking industry means that companies aim to fill their trucks to their maximum capacity of 80,000 pounds. When trucks are carrying tens of thousands of pounds of cargo, it’s essential that those loads are safely and properly secured.
Large commercial vehicles are already challenging to maneuver due to their size and structure, and an unsecured load can significantly affect a vehicle's functionality. Any shift in cargo can cause serious, life-threatening accidents for both the driver and people traveling in other vehicles, bikers, and pedestrians.
Of course, the trucking and transportation industries plays a crucial role in our economy. Large commercial trucks transport goods across the country, ensuring everyone has access to the clothing, food, fuel, and items needed to get through the day.
In fact, according to the U.S. Department of Transportation’s Federal Highway Administration, our freight transportation network moves 55 million tons of goods each day, with over 60% of that being transported by trucks.
Understanding the correct methods for securing a load –as well as the risks associated with failing to do so – are key to remaining compliant with loading and securement regulations, preventing accidents, and ensuring the safety of both goods and people.
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Referrals & Co-Counsel
No other law firm knows trucks quite like us. Our trucking law expertise and trial experience allow us to win multi-million-dollar results year after year.
Involved in a Crash?
Our team of truck accident attorneys works tirelessly to help your family find justice in the wake of a catastrophic truck crash.
What Is Improperly Secured Cargo?
Improperly secured cargo refers to the failure to securely fasten loads on commercial vehicles in accordance with the guidelines set by the Federal Motor Carrier Safety Administration (FMCSA)The U.S. federal agency that regulates the trucking industry..
These guidelines dictate the minimum number of tie-downs, proper cargo placement, minimum workload limits, and other essential parameters needed to prevent load shifting during transportation and ensure proper vehicle function and weight distribution.
However, due to the high pressure to expedite the loading process, those responsible for loading cargo onto semi-trucks may sometimes neglect safe loading and securement best practices. This can result in overloaded vehicles, improperly distributed loads, or inadequately secured cargo that is likely to shift once the truck is in motion.
All these situations constitute unsecured or improperly secured cargo and can lead to serious accidents.
Types of Accidents Caused by Shifting Cargo
When cargo isn’t properly secured, it is likely to shift around during transport, especially when the truck is traveling at high speeds. Shifting cargo causes imbalances in the truck, making it more difficult to control and more likely to topple over.
Here are a few of the types of accidents caused by cargo that has shifted because it wasn’t properly secured:
Jackknife accidents: When cargo shifts unexpectedly, it can cause the truck’s trailer to swing out to the side, forming an L or V with the cab. The truck folds in on itself, resembling a pocket knife. The swinging trailer can block multiple lanes of traffic, posing a risk to nearby vehicles and lead to multi-vehicle crashes.
Rollovers: These accidents often occur when the cargo load is unbalanced or shifts. Improperly secured cargo can cause an eighteen-wheeler to tip over when the truck turns, changes lanes, or drives at high speeds or around curves. In such instances, the truck can block multiple lanes of traffic and lead to the shutdown of entire intersections or stretches of highway.
Side-swipe accidents: Even if the shifting cargo doesn't result in the truck rolling over, it can still cause the semi to tilt without completely overturning. In such cases, the tractor-trailer may veer into adjacent lanes, leading to side-swipe accidents. These occurrences pose a significant risk on multi-lane highways and can involve multiple vehicles.
Tipping during turns: Similar to rollover and accidents, tipping accidents occur when improperly balanced loads cause trucks to tip over while turning. This can block intersections, roadways and carry the risk of significantly injuring or kill other drivers, bikers, or pedestrians walking on the sidewalk.
Rear-end collisions: When loads aren’t properly secured or are overweight, it can affect the amount of time — and distance — it takes for a truck to stop. When loads are properly secured, a fully loaded semi-truck already can take up to 40% longer to reach a full stop than a passenger vehicle. But when loads are not properly secured, it can be extremely difficult for drivers to brake quickly. Too often, this causes rear-end collisions, which are incredibly dangerous for all involved.
In these instances of improperly secured loads, there may be liabilityLegal responsibility for one's acts or omissions. In negligence cases, liability includes proving negligence (see definition or hyperlink), proving causation (see definition), and resulting damages (see definition or hyperlink). on the part of the truck driver, the trucking company, or the entity responsible for overseeing the cargo loading process. When filing a lawsuit, their legal representatives and insurance providers will try to minimize compensatory payouts for the consequences of their negligent actions.
This is where the help of a skilled truck accident attorney can help you fight for your rights and the compensation you are owed. An experienced personal injuryLegal term for an injury to the body, mind, or psyche, as opposed to an injury to property. attorney concentrating in truck accident lawsuits can help you seek restitution if you or a loved one was injured due to an improperly secured load.
Take the first step on your path to justice.
The Law Firm for Truck Safety’s truck accident attorneys are here to help you find answers, pursue justice, and receive the compensation you deserve.
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Types of Accidents Caused by Spilled Cargo
Sometimes, if cargo is not properly secured, it may come off the truck and onto the road, potentially hitting cars or causing them to swerve to avoid being hit. Whether the truck is hit by or hits another vehicle, the driver or trucking company could be liable in the resulting truck accident claim if an accident was caused by unsecured flying debris.
Here are a few instances of the kinds of accidents that can result from spilled cargo:
Lost load accidents: If cargo falls off a flatbed truck or even a semi-truck because it wasn’t properly secured, it could hit another vehicle or create an obstacle in the middle of the road or highway that could cause a severe accident. Cars may swerve into barriers or other vehicles to avoid the debris, or the cargo could collide directly with another vehicle. In either scenario, the truck driver or company would likely bear responsibility.
Hazardous material spills: The transportation of hazardous materialsAny item or agent (biological, chemical, physical) that has the potential to cause harm to humans, animals, or the environment, either by itself or through interaction with other factors. Can be referred to as HAZMAT. (hazmat) necessitates strict securement and handling protocols. Hazardous materials carry a higher risk of accidents that can lead to spills or explosions, especially when the cargo is not properly secured. These incidents are not only extremely hazardous to all involved but can have a long-lasting impact on the environment.
Bridge strikes: In addition to the weight requirements truck drivers must follow, truck drivers must also observe height restrictions when passing through underpasses or under bridges. When a load is not properly measured or secured, it can hit bridges, which causes significant infrastructure damage and can lead to secondary accidents from falling debris.
If you or a loved one was involved in a truck accident caused by spilled cargo, contact The Law Firm for Truck Safety for your free case consultation. With the help of our skilled truck accident attorneys, you can fight for justice and help remove unsafe drivers or trucking companies from the roads.
Accidents Caused by Mechanical Issues
The components of a large commercial vehicle are designed to withstand specific pressure and weight limits. If a truck is overloaded or if the weight is unevenly distributed, the excessive pressure can damage the vehicle's parts, leading to system failures and potential accidents.
Perhaps the most common mechanical issue caused by an uneven or overweight load is a tire blowout. When heavy vehicles are traveling at high speeds, a tire blowout can cause the driver to lose control and may lead to a serious or even fatal accident. In addition to potential fines for violating FMCSA securement and weight regulations, the driver, trucking company, or maintenance teams could also face lawsuits from the victim or their family.
Crushing During Unloading Caused by Improperly Secured Cargo
Not only does shifting cargo pose a risk while on the road, it also creates a hazard to the driver or unloading team, when they open the trailer to unload. If the cargo shifts during transit, it has the potential to injure or even crush workers or bystanders during the unloading process. Because each piece of packaged cargo within the truck is heavy, these accidents often lead to severe injuries or fatalities.
A truck crash attorney's expertise in handling truck crash cases uniquely qualifies them to help survivors and families navigate the legal challenges of a load securement lawsuit and protect their rights.
Seeking Help From an Experienced Truck Accident Attorney
Regardless of the type of accident it causes, improperly secured cargo is a significant hazard that can impact victims and the public in a huge way. Securing all cargo according to federal and state regulations is not just a legal requirement but a critical safety measure. By adhering to federal guidelines, transportation companies and drivers can help prevent accidents and save lives.
For more information on safe cargo securement practices or to seek legal help in an unsecured load accident case, contact our law firm. We are here to provide legal assistance and help ensure that such incidents are thoroughly investigated and prevented in the future.
