Truck accidents caused by improperly loaded cargo are a significant risk on the roads, and they can lead to severe damage, injuries, or even fatalities. When a semi truck or commercial vehicle is not loaded properly, the cargo can shift during transit, causing the vehicle to lose stability and resulting in rollover accidents, jackknife accidents, or tire blowouts. These incidents not only put the truck driver at risk but also pose a significant danger to other drivers on the road. If you’ve been involved in a truck accident caused by improperly loaded cargo, understanding your rights and seeking legal counsel is essential.
The responsibility for loading cargo safely falls on the trucking company, the loading crew, and freight handlers. If cargo is improperly loaded, the consequences can be catastrophic. Below, we will explore the causes of improperly loaded truck accidents, the parties involved, and how such accidents can impact your truck accident claim.
Causes of Improper Cargo Loading and Its Impact on Truck Accidents
When a truck driver is operating a semi truck or tractor-trailer, the proper loading and securing of cargo are crucial for safe transport. Improperly loaded trucks, including overloaded trucks or improperly secured cargo, can cause a variety of dangerous situations. Shifting cargo or loose cargo inside the trailer can affect the vehicle’s balance and handling, leading to potential accidents. For example, improperly loaded semi trucks can experience a cargo shift, which can cause the truck to overturn or jackknife.
One of the most dangerous situations caused by improperly loaded cargo is when the weight distribution is incorrect. An uneven load can cause the truck to be unbalanced, making it harder for the truck driver to control the vehicle, especially when turning or braking. In some cases, improperly loaded trucks are also prone to tire blowouts, which can lead to serious accidents.
Weight Limits for Commercial Motor Vehicles (CMVs)
The Federal Motor Carrier Safety Administration (FMCSA), in collaboration with the Federal Highway Administration (FHWA), establishes and enforces weight limits for commercial motor vehicles (CMVs) operating on the National Network (NN) of highways. These regulations are outlined in 23 CFR §658.17, which specifies:
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Gross Vehicle Weight (GVW): The maximum allowable weight for a CMV, including its cargo, is 80,000 pounds.
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Single Axle Weight: The maximum weight per single axle is 20,000 pounds.
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Tandem Axle Weight: The maximum weight for a tandem axle (two axles spaced more than 40 inches apart but not more than 96 inches) is 34,000 pounds.
These federal limits are designed to protect infrastructure and ensure safety on highways. States have the authority to set stricter limits for vehicles operating on non-Interstate highways, but they cannot enforce limits lower than the federal standards on the Interstate System.
For a detailed understanding of these regulations, you can refer to the official text of 23 CFR §658.17 provided by the U.S. Government Publishing Office: GovInfo.
Ensuring compliance with these weight limits is crucial for the safety of all road users and the preservation of road infrastructure.
Parties Responsible for Improper Cargo Loading
In cases of improperly loaded truck accidents, several parties may be at fault. The trucking company and its loading crew have a responsibility to ensure that the cargo is loaded in a way that maintains the vehicle’s balance and stability. This includes ensuring that the cargo is loaded properly, that tie downs are used to secure the load, and that the weight distribution is even.
The freight handlers are also responsible for ensuring that the cargo is properly secured before it leaves the loading dock. If the cargo is improperly secured or the load shifts during transit, causing an accident, the trucking company, loading crew, or freight handlers may be held liable for the damages.
How Improperly Loaded Trucks Lead to Dangerous Accidents
Improperly loaded trucks pose a significant risk to other drivers on the road. When cargo is not properly loaded, it can shift during transit, causing the truck to lose control. Shifting cargo can result in the semi truck tipping over or causing a rollover accident. These accidents can lead to severe injuries, extensive property damage, and in some cases, fatalities.
One of the most common types of truck accidents caused by improperly loaded cargo is the jackknife accident. This occurs when the trailer of the truck swings out of control, creating a sharp angle between the tractor and trailer. This can block multiple lanes of traffic, causing collisions with other vehicles. Additionally, improperly loaded trucks are more likely to experience rollover accidents, where the vehicle flips onto its side due to an unstable load.
In addition to the physical risks to other drivers, these accidents can result in significant financial losses, including medical bills, vehicle damage, and lost wages. If you’ve been involved in an accident caused by improperly loaded cargo, it’s important to work with an experienced truck accident lawyer to investigate the cause of the crash and pursue compensation.
Legal Implications of Improperly Loaded Truck Accidents
In the aftermath of a truck accident caused by improperly loaded cargo, determining liability is key to pursuing a truck accident claim. The trucking company and the loading crew are typically responsible for ensuring that the cargo is loaded safely and in compliance with federal and state regulations. However, in some cases, the driver may also bear responsibility if they failed to inspect the cargo before starting their journey.
Federal regulations set forth by the Motor Carrier Safety Administration require truck drivers to inspect their cargo before starting a trip and during the journey to ensure that it remains properly secured. Truck drivers are required to stop periodically and check that the cargo is secured properly and that there is no shifting cargo that could pose a hazard.
If you were involved in an accident caused by improper loading, your attorney will help investigate all potential factors contributing to the crash, including whether the cargo was loaded in accordance with safety standards, whether the loading crew or trucking company failed to follow proper procedures, and whether the driver conducted an appropriate inspection.
Steps to Take After an Accident Involving Improperly Loaded Cargo
If you’re involved in a truck accident caused by improperly loaded cargo, there are several important steps to take to protect your rights and support your truck accident claim:
- Call 911: Ensure that emergency services are notified, and if possible, take photographs of the accident scene, the vehicle, and any visible damage.
- Gather Evidence: If safe to do so, collect information from the truck driver, trucking company, and any witnesses. Obtain the truck driver’s information, including their license number, insurance information, and cargo manifest.
- Consult with an Experienced Truck Accident Lawyer: A truck accident attorney can help you understand the legal complexities of improperly loaded truck accidents. They will work to investigate the cause of the crash, identify responsible parties, and pursue compensation for your medical bills, lost wages, and other damages.
At Callahan & Blaine, we have extensive experience handling truck accident claims caused by improperly loaded trucks. If you have been injured in an accident caused by improperly loaded cargo, contact us today at (714) 241-4444, or reach out through our contact form for a consultation. Our team is dedicated to helping you obtain the compensation you deserve.
FAQ About Improperly Loaded Truck Accidents
What causes improperly loaded truck accidents?
Improperly loaded truck accidents are caused by cargo that is not secured correctly, resulting in shifting cargo or an unbalanced load. This can lead to rollover accidents, jackknife accidents, or tire blowouts, making the truck harder to control.
Who is responsible for improperly loaded cargo in a truck accident?
The trucking company, loading crew, and freight handlers are primarily responsible for ensuring that the cargo is loaded properly. If the cargo is improperly loaded and causes an accident, these parties may be liable for damages.
How can I prove that an accident was caused by improperly loaded cargo?
An experienced truck accident lawyer will investigate the cause of the crash, including whether the cargo was loaded in compliance with safety standards. Evidence such as cargo manifests, inspection records, and photographs from the accident scene can help support your claim.
What are the risks of improperly loaded cargo on trucks?
Improperly loaded cargo can lead to shifting cargo, overloaded trucks, and unbalanced loads. These issues can cause rollover accidents, jackknife accidents, or tire blowouts, all of which pose significant risks to the truck driver and other drivers on the road.
Can I seek compensation if I’ve been injured in an accident caused by improperly loaded cargo?
Yes, you can seek compensation for your injuries, medical bills, lost wages, and pain and suffering. Working with a skilled truck accident attorney will help ensure that you receive the full compensation you are entitled to for an accident caused by improperly loaded cargo.
