Trucking accidents—contrary to general opinion—are not always the fault of the truck driver. Although the truck driver can be responsible it can also be the fault of the person or company in charge of loading the cargo onto the trailer. When freight is loaded improperly, not secured in a safe manner or the weight is not distributed as it should be, an accident can happen. An otherwise safe 18-wheeler can become extremely unsafe when cargo shifts unexpectedly. Trucks can jackknife or rollover when cargo is improperly secured leading to serious collisions and life-altering injuries.
Who is Responsible?
It is crucial that an attorney who has extensive experience in trucking accidents be chosen in order to identify all responsible parties in a trucking accident and hold them accountable. The question may arise as to whether poor freight handling or negligent driving was directly responsible for the accident or even whether the driver had sufficient experience for the operation of a fully loaded commercial truck.
Hazardous Cargo
There are specific handling characteristics of different rigs such as flatbeds, gravel haulers, hazardous cargo or any loads which are subject to weight shifts, particularly on curves, grades or in an emergency traffic situation. Most truck drivers are well aware of the added hazards of certain loads. In fact, many experienced truck drivers resist transporting loads of hanging beef—sometimes known as “swinging beef”—or tankers which are partially loaded with liquids. In the case of transporting beef which hangs as full carcasses from the top of the trailer, they may begin swinging in unison when certain truck maneuvers are taken. Once they are all swinging together they can cause the truck and trailer to rollover.
The same is true of partially loaded tankers with liquids inside. When stops are made the liquid inside can begin sloshing back and forth, eventually causing the truck and tanker to turn over. Any time the truck’s center of gravity is thrown off, serious injuries can result when the truck rolls over. There are many instances of trucking accidents due to poorly secured or loaded cargo. In one trucking accident a load of phone books was not properly secured. When the truck driver turned a corner on a busy highway the load shifted and thousands of phone books crashed to the road causing multiple accidents. Another trucking accident was caused when the backhoe the truck was transporting was not secured properly and fell off the back of the flatbed trailer causing a fatal accident when the car behind was hit by the heavy equipment.
Getting the Legal Help You Need
Any person who is a victim of an accident caused by poorly loaded or secured cargo should contact a highly experienced attorney soon after the accident. Your attorney can intervene on your behalf to protect your interests and advance your claim. Your attorney will understand that the truck inspection records and driver’s trip logs are crucial and valuable evidence in any trucking accident case and that after three short months those records can be legally destroyed by the trucking company. You must have an attorney by your side who can ensure these records are preserved, protected and produced during trial. The Federal Motor Carrier Safety Administration outlines how cargo must be secured and states that ultimately it is the trucking company and the driver who are responsible for the cargo being safely loaded. Hiring an highly knowledgeable trucking attorney will ensure your claims process is conducted quickly while evidence remains available. Personal injury attorneys who specialize in trucking accidents will be well aware of the tactics used by the trucking companies to alter or destroy evidence so fault may not be linked to them. Don’t delay—hire an experienced trucking attorney soon after your accident so your medical expenses and damages will be fully covered.