Trucks are the backbone of the transportation industry, moving goods across cities, states, and even countries. However, improperly loaded or secured cargo can turn these vital shipments into dangerous hazards when it comes to large commercial vehicles. Cargo-related truck accidents are all too common and can lead to devastating consequences for drivers, passengers, and pedestrians alike.
If you or a loved one has been involved in an accident caused by cargo issues, understanding what went wrong and how to seek justice is crucial. Here, we’ll break down the common causes of cargo-related accidents, the types of accidents they can lead to, and the legal options available for victims.
The Risks of Improperly Loaded or Secured Cargo
Truck drivers and their employers have a legal and ethical duty to safely load and secure cargo. When they don’t, the consequences can be catastrophic. Properly loaded cargo helps maintain a truck’s balance, stability, and braking performance. On the flip side, overloaded or unsecured cargo can cause instability, making it difficult—if not impossible—for a driver to maintain control of the vehicle.
Common Cargo-Loading Problems:
1. Overloading
Trucks have strict weight limits for good reason. Overloading a truck can strain the vehicle’s brakes, suspension, and tires, increasing the risk of brake failure or a tire blowout. Overweight cargo can also make stopping distances much longer, particularly on steep inclines.
2. Unbalanced Loads
Cargo must be evenly distributed across the truck’s trailer. A load that’s too heavy on one side can cause the truck to veer, sway, or even tip over. Improperly balanced cargo is a frequent culprit in rollover accidents.
3. Unsecured Cargo
Cargo that isn’t securely tied down can shift during transit, dramatically affecting the truck’s stability. Worse, unsecured items can spill onto the road, creating immediate hazards for surrounding vehicles.
4. Improperly Secured Hazardous Materials
Some trucks carry hazardous materials like chemicals, gasoline, or flammable goods. If these materials aren’t secured and labeled correctly, they can spill or ignite, causing deadly accidents.
5. Cargo Falling Off the Vehicle
When loaders fail to properly secure cargo or mechanical failures occur (like broken straps or faulty tarps), items can fall directly into the path of other motorists. This can lead to multi-car pileups or force drivers to swerve, causing secondary crashes.
The Importance of Regulations:
The Federal Motor Carrier Safety Administration (FMCSA) has specific rules and guidelines for loading, securing, and transporting cargo. For example:
- Cargo must be inspected periodically during the trip to ensure it hasn’t shifted.
- Tie-downs, straps, and other securing methods must meet safety standards.
- Loose items in the trailer must be secured to prevent movement.
When these standards are ignored, accidents are more likely and entirely preventable.
Types of Accidents Caused by Cargo Issues
Cargo-related issues can lead to various types of accidents, each of which comes with its own set of risks and challenges:
Rollovers
An unbalanced or overloaded truck is far more susceptible to rolling over. Curve-heavy roads, sudden braking, or swerving can all cause this type of accident, putting other motorists directly in harm’s way.
Jackknife Accidents
When cargo shifts suddenly, it can cause the trailer to swing out at a sharp angle, forming a “V” shape with the cab. Jackknife accidents often lead to pileups because they block multiple lanes of traffic.
Spilled Cargo
Items that fall from trucks can strike other vehicles, scatter debris, or block highways. Drivers swerving to avoid the falling or scattered cargo face a heightened risk of losing control themselves, leading to secondary crashes.
Tire Blowouts
Overloading a truck can cause the tires to explode under pressure. A blowout can cause the truck to veer wildly at high speeds, increasing the risk of crashes with nearby vehicles.
Fires or Chemical Spills
Improperly secured hazardous materials can turn any accident into a more dangerous event, with fires, explosions, or toxic spills presenting significant risks to everyone in the vicinity.
Each of these accidents carries serious consequences, including severe injuries, significant property damage, and even loss of life.
Legal Options for Victims
If you’ve been injured in a truck accident caused by cargo issues, you’re likely facing medical bills, lost wages, and physical and emotional pain. Holding the responsible parties accountable is essential for your recovery and preventing similar accidents in the future.
Here are the legal options available to victims:
1. Identify Liability
Several parties may share responsibility for a cargo-related truck accident, including:
- The Truck Driver: If the driver failed to inspect the cargo or drove recklessly, they might be held liable.
- The Trucking Company: Employers are responsible for ensuring that their drivers are adequately trained and FMCSA regulations are followed.
- The Cargo Loader: If a third-party company loaded the truck, they might be liable for improper loading or securing.
- Maintenance Providers: Mechanical failures, like faulty straps or locking mechanisms, may indicate negligence by the company responsible for maintaining the equipment.
2. Pursue a Personal Injury Claim
Victims often pursue claims for damages such as:
- Medical Expenses – Covering hospital visits, surgeries, therapy, and ongoing care.
- Lost Income – Compensating for time missed from work due to injuries.
- Pain and Suffering – Addressing physical and emotional distress caused by the accident.
- Property Damage – Paying for repairs or replacing your vehicle.
3. Establish Negligence
To win your case, your legal team will need to prove:
- The responsible parties owe you a duty of care (such as following safety regulations).
- Their negligence contributed to the cargo issue that caused the accident.
- Their actions directly resulted in your injuries and damages.
4. Work with an Experienced Attorney
Truck accidents are legally complex. Between analyzing federal regulations, identifying all liable parties, and navigating legal negotiations, having a knowledgeable attorney on your side is crucial. They’ll handle everything from gathering evidence (e.g., cargo inspection logs, driver records, and witness statements) to negotiating with insurance companies or litigating your case in court.
Fresno Overloaded & Unsecured Cargo Accident Attorneys
Our team at Fowler | Helsel | Vogt has been representing truck accident victims in Fresno and throughout California. We have a deep understanding of the laws, regulations, and procedures involved in these types of cases. Our experienced attorneys will fight tirelessly to ensure you receive the compensation you deserve for your injuries and damages. Contact us today at (559) 900-1280 to schedule a consultation and get started.