Trucks can pose a serious threat to our roads’ safety. Falling cargo is one of the major concerns. Whenever a truck loses either an entire or partial load, it can cause very dangerous situations for other drivers on the road. Avoiding debris scattered across the road might be impossible in many cases. Cargo on roads can cause very serious accidents to occur.
Quite often liability for loading cargo improperly is assigned to multiple parties but depends on numerous factors, ranging from who handled the cargo to what caused the accident. Liable parties can include the person responsible for the task in addition to anyone who might have been responsible for supervising or overseeing the job.
Getting a truck accident claim filed can be a complex process. However, if you consult a Trucking Lawyers attorney we can help to determine whether or not the cargo was safe and who may be liable for your improper cargo loading accident.
Securing and Loading Cargo Rules
The FMCSA reports that the following must be properly secured by drivers:
– Cargo securing equipment
– Spare tires
The major goal of securement is preventing cargo from moving around while in transit. An unsecured load could end up falling onto the road from the truck. When cargo shifts around it can also make it harder to keep a truck properly under control. That is why drivers need to ensure that the cargo on their trucks is loaded properly.
Drivers are required by the FMCSA to conduct periodic inspections throughout the entire transit process. It is also mandatory for all cargo to be inspected prior to the trip to ensure that it is properly distributed and secured.
Along with requiring drivers to conduct inspections, the FMCSA also has very detailed and strict requirements for properly securing cargo. In fact, the FMCSA goes well beyond what most people might consider being sufficient to prevent seriously dangers that can be caused by incorrectly secured and improperly loaded cargo out on the roadways to jeopardize safety.
For example, anyone who secures cargo onto a large truck is required to use a specific kind of tie-down at a specific location. Also, if items have been placed next to one another by loaders and then secured using transverse tie-downs the items are required to be in direct contact with one another or it is mandatory for the loader to ensure that they don’t move towards one another during the transit process.
How can unsecured, improperly loaded, and overloaded cargo cause truck accidents?
We have discussed potentially liable parties. Now we need to talk about how an accident can be caused by improperly loaded cargo in order to narrow down the potentially liable parties. Unsecured, improperly loaded, or overloaded cargo significantly increases the risk that a cargo-related truck accident will occur. This type of accident takes place suddenly and can be very dangerous for anyone out on the road.
The major problem with under securing, improperly loading, or overloading cargo is that these conditions cause instability. This instability can result in a rollover and cargo spill, which can be very dangers. Cargo spills create additional road hazards which can make dangerous accidents deadly. Instability also makes it harder to control the truck, which increases the chances of the truck driver making mistakes.
How can I prove that improperly secured cargo caused by accident?
In order to be eligible to file a claim to obtain compensation, you will need to provide that improperly secured cargo caused your accident. In order to this, you will have to collect evidence to prove the cause of the accident. That evidence might include the following:
– Eyewitness statements that just before the accident took place that the driver was swerving
– Logbooks proving the driver failed to check on the cargo
– Cargo loading records