Commercial trucks haul all types of products and goods through North Dakota. The loads must be securely loaded on the truck to avoid items from falling off or shifting during travel. Improper loading can increase the risk of a truck accident. Our Grand Forks & Minot personal injury attorneys discuss the dangers of unsecured loads in this blog.
How Can Improper Loading Cause Truck Accidents?
The FMCSA has cargo securement rules that trucking companies must follow in order to ensure cargo is secured correctly on trucks. The rules are designed to reduce the risk of truck accidents caused by improper loading.
When a company fails to secure cargo on a truck properly, it can cause the cargo to shift on the truck. When cargo shifts, it can cause the truck driver to lose control of the truck, causing a truck accident. Negligence and failure to follow the rules for cargo securement are common causes of unsecured load truck accidents.
Improperly secured loads can also fall off the truck. When this happens, other drivers may crash into the cargo. They may swerve to miss the cargo, thereby causing a car accident.
Common reasons for unsecured cargo truck accidents include:
- Using damaged or worn cargo straps, tie-downs, or stakes
- Using the incorrect types of securement devices for the cargo
- Shifting cargo causes a rollover or jackknife accident
- Using defective securement devices
- Incorrectly arranging the cargo on the truck
- Broken door latches and mechanisms
- Exceeding the trailer’s or truck’s weight limit for cargo
- Using trucks that do not have the correct equipment to secure the cargo
Failing to secure truck loads can cause numerous problems that increase the risk of unsecured load truck accidents. A fully loaded truck can weigh more than 80,000 pounds. Exceptions and special permits may increase the allowed weight of cargo in some situations. When a large truck crashes into other vehicles, it can cause devastating injuries to the occupants of those vehicles.
Who Is Responsible for a Truck Accident Caused by Improperly Loaded Cargo?
One or more parties could be liable for the damages caused when a truck crashes because the cargo was incorrectly loaded. You might have a claim against:
- A truck driver
- The trucking company
- A loader or shipper
- The truck manufacturer
- The manufacturer of the securement devices
- A repair or maintenance facility
You must prove a party contributed to the cause of the truck accident to hold them responsible for economic and non-economic damages. Determining the cause of a commercial truck accident can be challenging. The trucking company and its insurance provider aggressively fight claims to avoid liability.
The best way to protect your rights is with the help of an experienced truck accident attorney. An attorney has the resources to investigate the truck accident and gather evidence proving the trucking company and other parties are liable. Before you speak with the trucking company or its insurance provider, talk with an attorney to ensure you understand your rights regarding a truck accident claim.
Schedule a Consultation with a Grand Forks & Minot Personal Injury Attorney
Were you injured in a large truck accident? If so, you may be entitled to compensation for your injuries and damages. Call Pringle & Herigstad, P.C. to meet with a Grand Forks & Minot personal injury attorney to discuss your options for filing an accident claim.
