How Improperly Loaded Cargo Causes Truck Accidents

If you’ve been injured in a truck accident, it is absolutely crucial to determine what caused the collision and who’s responsible for your injuries. Without this information—and the evidence to prove it—you will not be able to obtain full compensation for the effects of your injuries, including your pain, suffering, and future needs.

Determining the cause of a truck accident is an extremely complex task, made even more difficult by the legal teams that immediately swing into action to protect the interests of trucking companies. For the best chances of succeeding in an accident claim against these commercial interests, you may need to work with an experienced legal team that understands how to prove truck accident liability.

In our decades of helping truck accident victims, we’ve seen that collisions can be caused by a wide range of factors. One factor many people do not consider is that the company that loaded cargo onto the truck may have been negligent, increasing the truck’s likelihood of crashing. Here are some factors that could contribute to truck accidents when cargo is mishandled.

Small Factors Have a Big Effect When it Comes to Trucks

Fully loaded tractor-trailers can weigh 20-30 times more than the passenger vehicles that drive around them. If these enormous trucks lose control for any reason and collide with a smaller vehicle, the results can be catastrophic for the driver and passengers in the other vehicle.

Trucks are heavy, take longer to stop than other vehicles, and are also much less stable than most passenger vehicles. A small problem with a truck or its cargo can have a big impact on the vehicle’s stability. In addition, when cargo is not properly secured, it can fall out onto the road, causing problems for the vehicles behind the truck.

When Cargo is Stacked Incorrectly

Many trucks carry loads that are enclosed so that no one can see how the cargo is arranged. The truck may look orderly and trim on the outside, but be a disastrous mess on the inside.

If cargo is not balanced correctly inside a delivery truck, the truck’s center of gravity can be too high or too far from the center. This could occur because heavy items were placed on top of lightweight items, or all the heavy items were placed on one side of the truck. It could also be a problem when cargo is stacked too high. When the truck goes around a curve or starts or stops suddenly, unbalanced cargo can cause it to tip over, potentially crushing nearby vehicles. A shift in the load could also cause the trailer to push the cab into a jackknife configuration, which can trap other vehicles.

When a Truck is Overloaded with Cargo

Trucks are designed to carry certain amounts of cargo, and when the limits of a truck’s design are exceeded, the truck is not going to perform as it should. This can be particularly dangerous when a truck is traveling on the highway at high speeds.

An overloaded truck will not stop as quickly as it should or maneuver properly. The added time and space needed to bring the truck to a stop can easily lead to a rear-end collision. The additional stress on the truck from an oversized load could cause the brakes to fail, preventing the truck from stopping or even slowing down until it hits another vehicle or obstacle.

When Cargo is Not Properly Secured

Flatbed trucks and other open-top cargo trucks can be extremely dangerous when carrying cargo that is not properly secured. Cargo can drop off the truck, hitting cars or posing a hazard that other vehicles have to try to evade. Garbage trucks, dump trucks, and other trucks that are not entirely enclosed often send debris onto the road that can cause problems from the drivers behind them. Even when cargo is enclosed, if it is not secured and it moves during transport, it can cause the truck to become unstable and lead to an accident.

A trucking company could be liable for negligent actions such as:

• Using cargo straps or other devices that are worn or damaged
• Failing to use a sufficient number of cargo straps or placing them ineffectively
• Arranging cargo incorrectly based on the configuration of the truck
• Exceeding the weight limit of the truck or trailer
• Carrying cargo without the proper equipment to secure it
• Using cargo straps or other devices that are not appropriate for the task
• Failing to repair broken latches or other mechanisms

The dangers posed by improperly secured cargo are not surprising  The Federal Motor Carrier Safety Administration has established requirements for securing cargo on trucks operating in interstate commerce. When a trucking company loads or operates a vehicle that fails to meet the minimum standard, it can make it easier to establish negligence and liability.

Who Can Be Held Responsible for Improperly Loaded Cargo on a Truck?

There are several companies or individuals who could be held liable when an accident is caused by improperly loaded cargo. This complicates truck accident cases, particularly because the attorneys representing each company will vigorously argue that it is someone else’s fault.

It is necessary to investigate thoroughly to determine the parties responsible for the factors that led to the collision. This could include the company that owns the truck, the company that is shipping cargo on the truck, the company responsible for maintaining the truck, the company that manufactured the devices used to secure cargo, and others involved in the shipping process.

Protect Yourself by Working with an Experienced Truck Accident Attorney at Martin & Jones

Trucking companies and their insurance companies operate to make money, which means they try to reduce costs wherever possible. They may take shortcuts that put them in dangerous situations. Or they might try to shift liability onto an accident victim so they don’t have to pay for the pain and suffering they’ve caused.

If an insurance company offers money early on, it is probably far less than your truck accident claim is worth. Before accepting anything or making a statement about the accident, you need to learn about liability and the value of your claim. We can help.

Contact the experienced truck accident attorneys at Martin & Jones for a free consultation and case evaluation to learn about your rights and your options. To get started, call us at 800-662-1234 or reach us through our website.