Load Securement
Unsecured cargo poses a danger to drivers and vulnerable road users alike, turning highways into potential hazard zones. At The Law Firm for Truck Safety, we offer vital support and legal expertise to those affected by unsecured load accidents.
AEB systems measure the distance between a truck and the vehicle in front, applying brakes automatically to prevent a potential truck crash caused by excessive speed.
Unsecured Load Accidents
A fully loaded semi-truck can weigh up to 80,000 pounds. When these large trucks lose control, tip over, or drop their cargo, the results can be devastating. The AAA Foundation for Traffic Safety, found that debris on U.S. roads caused more than 200,000 crashes, about 39,000 injuries and more than 500 deaths in just three years.
If you or someone you love has suffered due to a trucking incident related to an unsecured load, it’s critical to take swift action. Your trucking claim deserves nothing less than the best trucking lawyers who can help you receive the justice you deserve.
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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.
Our team of truck accident attorneys works tirelessly to help your family find justice in the wake of a catastrophic truck crash.
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 are Unsecured Load Accidents?
An unsecured load accident refers to any incident caused by improperly loaded cargo. The most obvious examples include cargo spills, or materials falling from an open truck bed. But closed semi-trailers aren’t immune. If a traditional tractor-trailer or tanker is improperly loaded, they can tip, or cause accidents in other ways.
The effect of an improperly loaded truck can range from:
- Debris hitting your car
- Swerving to dodge the falling item
- Another vehicle colliding with yours in an effort to avoid fallen debris.
Even the aftermath of fallen cargo can be deadly, as public workers face risks when cleaning up fallen debris.
The effect of an improperly loaded truck can range from:
- Debris hitting your car
- Swerving to dodge the falling item
- Another vehicle colliding with yours in an effort to avoid fallen debris.
Even the aftermath of fallen cargo can be deadly, as public workers face risks when cleaning up fallen debris.
Truck cargo varies widely and ranges from furniture and appliances, to lumber, sheet metal, tools, trailers, and even other vehicles.
Load securement accidents can also happen when a truck tips or loses control due to an unstable center of gravity, often stemming from incorrect weight distribution.
Who Is at Fault in Truck Accidents Caused by Unsecured Loads?
The trucking company - If it is found that the motor carrier was placing unfair, unreasonable, or even illegal demands on the driver, the trucking company can be held liable for the load securement crash. The trucking company can also be liable for the actions of its driver.
Third-party loaders - If a motor carrier or broker enlisted a third party to load the truck, and they performed that job incompetently, they could also be liable.
The Broker - If a broker fails to adequately vet and hires unsafe parties to ship their client’s freight, they may be found negligent for putting an unsafe truck on the road.
Manufacturers: Should the crash be linked to defective equipment like chains or straps, the entities that produced this equipment could also be held accountable.
Repair Shops: When unsecured cargo-related accidents stem from inadequate maintenance or faulty repairs – such as not tightening a bolt correctly, incorrectly installing parts, neglecting airbrake adjustments, or fitting tires with improper treads – the repair or maintenance shops responsible can be held liable.
Manufacturers: Should the crash be linked to defective equipment like chains or straps, the entities that produced this equipment could also be held accountable.
Repair Shops: When unsecured cargo-related accidents stem from inadequate maintenance or faulty repairs – such as not tightening a bolt correctly, incorrectly installing parts, neglecting airbrake adjustments, or fitting tires with improper treads – the repair or maintenance shops responsible can be held liable.
In every case, dissecting the layers of responsibility ensures that all negligent parties are brought to justice, providing a thorough and uncompromising pursuit of accountability to those who need it most.
Crash. Not Accident.
The word “accident” is often used to describe devastating truck crashes. Many people in need of legal help will search for a “truck accident lawyer near me” or the “best truck accident attorney”. We even use "accident" in our site name.
However, most truck “accidents” are not accidents at all.
Truck crashes are often caused by distracted, fatigued, poorly trained, or downright dangerous truck drivers and/or the unsafe business practices of the trucking companies and brokers that hired them. Every semi-truck accident lawyer at The Law Firm for Truck Safety is committed to helping those who have been irreparably harmed in commercial vehicle crashes and providing education to the public that crashes are not accidents.
Types of Unsecured Cargo Accidents
There are several types of unsecured load truck accidents, but they can broadly be grouped into five main categories:
Reactive collisions/swerving cars: These occur when vehicles attempt to dodge falling debris from a truck. If, in avoiding the debris, they crash into another vehicle or obstacle, that unsecure load is one of the root causes of that crash.
Falling cargo: These involve materials falling off trucks and either striking other vehicles directly or causing drivers to lose control. Debris on the road can lead to immediate crashes or create hazards for those who encounter them later.
Tipped semi-trucks: A load that isn't well-secured can cause a truck to tip, especially when factors like wind and the forces from a moving vehicle come into play. Such incidents can also result from dangerous driving, where even minor load shifts become hazardous.
Falling cargo: These involve materials falling off trucks and either striking other vehicles directly or causing drivers to lose control. Debris on the road can lead to immediate crashes or create hazards for those who encounter them later.
Tipped semi-trucks: A load that isn't well-secured can cause a truck to tip, especially when factors like wind and the forces from a moving vehicle come into play. Such incidents can also result from dangerous driving, where even minor load shifts become hazardous.
Subsequent Crashes: The aftermath of falling cargo, especially on busy highways, can lead to more accidents. For instance, sudden slowdowns to avoid reactive collisions can cause rear-end collisions. Cleanup crews deployed to address the mess from fallen debris are also at risk of injury or death.
Post-Trip Unloading: The risks of unsecured cargo aren't limited to the road. Improperly loaded cargo can shift during transport and not cause an immediate threat until unloading. In these cases, when workers open the truck doors, they can be hit by shifted cargo, leading to injuries or fatalities.
Causes of Unsecured Cargo Accidents
Unsecured load accidents can be caused by a variety of oversights at stages of the supply chain.
Common causes of cargo spill accidents include:
Improper loading: Whether due to haste, negligence, or lack of knowledge, improperly loaded cargo can destabilize the vehicle. In instances where there is an open bed, this cargo is likely to fly out of the truck and onto the road.
Improperly secured cargo: Similar to unsecured cargo, improperly secured cargo can cause accidents when the cargo inevitably breaks free, creating a hazard.
Improper loading: Whether due to haste, negligence, or lack of knowledge, improperly loaded cargo can destabilize the vehicle. In instances where there is an open bed, this cargo is likely to fly out of the truck and onto the road.
Improperly secured cargo: Similar to unsecured cargo, improperly secured cargo can cause accidents when the cargo inevitably breaks free, creating a hazard.
Reckless driving and Insufficient training: Hauling heavy loads demands careful driving. Negligent behaviors such as speeding, distracted driving, or impaired driving can lead to roll-overs, falling cargo and similar hazards.
Moreover, truckers who lack adequate training to navigate a fully loaded big rig can engage in unsafe practices, like abrupt braking or sharp turns, endangering the cargo's stability.
Improperly maintained equipment: Trucking companies and their drivers are required to conduct regular inspections of their straps, chains, and other equipment used to secure cargo. If corners are cut during those inspections (or are skipped entirely), these worn-out restraints could break, increasing the risk of cargo coming loose.
Unrealistic demands placed on drivers: It is not uncommon for unsafe trucking companies to place unrealistic deadlines or demands on their drivers in order to maximize their profits. Exceeding weight limitations or disregarding concerns about unstable cargo loads due to tight deadlines heightens the risk of accidents.
Safety shortcuts, especially when aiming to boost profits, compromise the integrity of cargo security and increase the risk of incidents on the road.
Trucking Regulations on Securing Cargo
Though there is more work to be done to increase road safety, the Federal Motor Carrier Safety Administration has created regulations for a number of things, including hours of service maximums, licensure requirements, logbook standards, and proper cargo storage.
This ensures that companies hire responsible drivers who have clean driving records. It also protects drivers from being overworked or forced to cut corners to meet deadlines. Most importantly, it establishes best practices and rules for securing cargo in a way that guarantees it won’t fall off the vehicle. Some of these regulations are found at 49 CFR § 393 and 49 CFR § 396.
Though there is more work to be done to increase road safety, the Federal Motor Carrier Safety Administration has created regulations for a number of things, including hours of service maximums, licensure requirements, logbook standards, and proper cargo storage.
This ensures that companies hire responsible drivers who have clean driving records. It also protects drivers from being overworked or forced to cut corners to meet deadlines. Most importantly, it establishes best practices and rules for securing cargo in a way that guarantees it won’t fall off the vehicle. Some of these regulations are found at 49 CFR § 393 and 49 CFR § 396.
What Should I Do After an Accident Caused by an Unsecured Load?
If you don’t require immediate medical assistance, call the police and take pictures of the accident. Make sure you have the contact information for the driver and the transportation company he or she works for.
Then call a truck accident attorney immediately to start the process of filing a lawsuit and to discuss your legal options.
How Can a Truck Accident Attorney Help Me?
If you’re the victim of a trucking accident, you may be entitled to compensation and will likely want to file a lawsuit against the driver to recover compensation and hold accountable the transportation company, truck driver, and any other third party involved in the accident.
If you’re up against a big logistics or transportation company, they will have a team of attorneys ready to help them avoid paying what you deserve. In order to stand up to these trucking giants, you’ll need the right representation in your corner.
To win your lawsuit, you and your trucking attorney must:
- Determine who is at fault for the crash.
- Prove negligence on the part of that person or entity.
- Prove that you’ve experienced losses as a result of the accident and therefore are entitled to a settlement.
Should you be able to prove those things, you’ll want to secure compensation for any medical expenses, lost wages, property damage, emotional distress, and the other ways you have been harmed as a result of your truck crash.
If you or someone you love has been affected by an unsecured cargo accident, contact The Law Firm for Truck Safety today.
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Trucking Attorneys You Can Trust
In the aftermath of a load securement crash, the road to recovery can seem daunting.
The impact of unsecured loads doesn't just fade away—it lingers, affecting your health, peace of mind, and finances. But you don't have to navigate this journey alone.
Our dedicated lawyers are standing by your side, ready to help you get the justice and compensation you rightfully deserve.
If you or a loved one has been injured due to an unsecured truck's load, don't wait. Secure your future and rights with The Law Firm for Truck Safety at your side.
Call (800) 628-4500 to schedule your free, case consultation.
Let's build a path to justice together.
