Managing Partner
Improper loading is one of the most common causes of truck accidents. When cargo is not loaded correctly into the truck, it can cause the truck to become imbalanced and more difficult to control. This, in turn, makes it highly likely that an accident will occur.
Knowing why cargo loading mistakes occur, and what they mean in a truck accident case, can help you substantiate the damages you need to recover. If you or a loved one were injured in a New York truck crash, talk to Dell & Dean PLLC about your legal options.
Why Is Improper Loading So Dangerous?
Trucks carry large and heavy amounts of cargo. With so much weight, and the potential for items to shift inside the truck, the risk of the truck becoming imbalanced is serious. A truck that is not properly balanced is harder to control and can easily tip over in a turn.
Overloaded trucks are also dangerous. Although every truck is generally heavier than a passenger vehicle, too much weight can make it difficult for a truck to stop. A heavier truck also means more significant victim injuries.
The cargo itself could also cause problems. If it is not tied down properly, it could fall out of the truck and injure another motorist, pedestrian, or someone else. There may also be a risk of an explosion, chemical spill, or other hazard, depending on the nature of the cargo.
For this reason, there are rules about weight limits, weight distribution, using the correct equipment to load the cargo, and tying down the load to prevent weight shifting. New York cargo loaders, trucking companies, and drivers all play a role in ensuring the rules are followed.
Why Do Improper Loading Accidents Happen?
In a broad sense, these accidents occur for such reasons as:
- Disregarding federal regulations: The Federal Motor Carrier Safety Administration (FMCSA) has various cargo securement rules that loaders and others must follow. Disregarding these rules, for whatever reason, can put lives in danger.
- Rushing or not paying attention: Sometimes the oversight is due to rushing or not paying attention, not because of a flagrant disregard of the regulations. Still, those parties who are responsible for improperly loading the cargo can be held liable after an accident.
- Desire for profits: Complying with regulations takes time and costs money, and those concerning cargo securement are no exception. Every party has a duty to obey these rules, but some choose not to so they can haul more weight and increase their profits.
- Drivers not checking: Drivers can bear significant responsibility if they do not check the work of the cargo loaders. A situation like this can lead to disputes over who should be held liable, but a New York truck accident lawyer can help sort it out.
These are a few of the more specific ways that improper cargo loading wrecks happen:
- Exceeding the weight limit that is specified for the truck
- Incorrectly estimating the size and weight of the cargo
- Distributing the cargo unevenly inside the truck
- Not using tie-downs and thereby allowing items to move around during transport
- Not using sufficient tie-downs for the size and weight of the cargo
Who Is Responsible for Load-Related Crashes?
Every truck accident is different, so there are numerous parties involved which could potentially be held liable. These are some of the most likely at-fault parties:
- Cargo loaders: Of course, the first place to look after a load-related accident is the company responsible for loading the cargo. They are likely to have violated FMCSA regulations.
- Truck driver: The truck driver also has a duty to periodically check the contents of the truck to ensure the cargo is properly secured, not overloaded, and distributed evenly.
- Trucking company: The company that employs the truck driver may share liability for negligently hiring the driver or encouraging the driver or others to disregard cargo safety rules.
- Manufacturers of truck parts: Depending on the circumstances of the accident, companies that manufactured various components of the truck (e.g. the brakes) could also be to blame.
There are some situations in which multiple parties, including others not listed above, may share responsibility for a cargo-related crash. Your New York personal injury lawyer will investigate the facts of the accident to determine who can be held accountable for your injuries.
Do You Need a Truck Accident Attorney?
Cargo-related accidents leave victims with significant, often permanent injuries, medical bills, lost wages, and much more. Did you suffer a truck accident in New York? If so, schedule your initial consultation with Dell & Dean PLLC to take the next step towards winning compensation.
