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Truck Accidents Due to Improper Loading

The trucks on our South Florida roads transport roughly 11 billion tons of cargo each year. These behemoths are responsible for carrying these loads great distances. Before hitting the road to move this freight, every truck driver is responsible with properly loading and securing their freight.

However, when a load shifts or falls off a vehicle due to improper loading, it can have catastrophic results, often leading to the wrongful death of a loved one.

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported that there are nearly 16,500 crashes each year in South Florida that involve an 18-wheeler or other large commercial vehicle. These accidents lead to death and serious injuries, which is why it’s imperative you contact Tucker Law for an experienced Fort Lauderdale truck accident attorney to fight for your compensation.

Cargo Loads Are Regulated by Federal Guidelines

When a truck is improperly loaded, the cargo can move or shift once the truck begins moving. If a trucker starts or stops suddenly, goes over rough roads, or is speeding, especially through a curve, the load can move too. This causes a change in the truck’s center of gravity, leading to loss of control of the vehicle.

If a truck overturns, it can lead to serious injuries for the truck driver and nearby motorists. This is precisely why the Federal Motor Carrier Safety Administration (FMCSA) has created comprehensive rules and regulations on how cargo should be secured to avoid tragedy.

Among these rules, truck drivers must check the cargo after 50 miles to make sure nothing has been loosened or moved. If everything looks good, they can continue on their route, checking every 150 miles. Truckers transporting liquids of any kind must be even more vigilant as these substances naturally move within their confines.

Photo of Truck Turned Over

All truck loads must be tied down with steel straps, webbing, and other fasteners. Inflatable bags should also be used to fill in empty space between the cargo to prevent sliding and slipping inside the truck’s interior. It’s a responsibility that every trucker must bear, but they aren’t the only ones accountable for ensuring cargo is properly loaded.

Who Is Responsible for Truck Cargo?

The truck driver isn’t the only one who is responsible for making sure cargo is loaded the right way. According to these federal laws, every person who interacts with a truck’s cargo is responsible. This would mean that each person and company that touched the cargo could be held liable in the event of a truck accident caused by improper loading.

As an example, the trucking company the driver works for could be held liable if that company failed to provide the proper training on how to fasten and secure a load. If other trucking employees at the company helped the driver fasten the load, the trucking company may also be liable.

Shipping companies may be responsible if their employees were the ones to prepare the truck for shipment. The truck driver is responsible for checking up on the load in intervals to ensure it is secured, though everyone else that has interacted with it could be liable in a truck accident lawsuit.

To determine if your truck accident was caused by improper loading, you need a truck accident lawyer at Tucker Law to review all the evidence and pursue fair compensation.

What Could Happen if Truck Cargo Isn’t Secure?

Serious, traffic-snarling accidents can happen when cargo isn’t properly secured. It’s even more devastating when the cargo is something dangerous, such as gasoline.

When the load of cargo shifts inside the truck, or even falls off of it, it could land on another vehicle or on the road. Once it hits passenger lanes, many drivers may not be able to stop in time.

Often, heavy machinery and equipment from construction companies are the most serious items. Piping, concrete tubes, and other rolling items can get loose and create a multi-vehicle pileup.

Cargo that is improperly loaded within a truck can cause the truck to rollover when it shifts over. The trucker will lose control when this happens, and any nearby drivers will be caught in the fray.

Unsecured cargo also leads to jackknifing, which is when the trailer swings out of control. It can swipe into other vehicles, crushing them in the process.

Shifting cargo in a truck is dangerous for everyone, causing the trucker to lose control and swerve into other traffic lanes. On I-95 and other busy highways in South Florida that are traveled by millions of drivers, this kind of incident often has deadly consequences.

What to Do If You Were in a Truck Accident Caused by Improper Loading

When a truck isn’t loaded properly, it makes an already large and heavy vehicle even more dangerous. As you drive around South Florida, surrounded by trucks on the roads, you put your faith in truckers to be following the federal cargo laws.

If you are in an accident with a commercial truck and live to tell, you will likely have life-altering injuries, heaps of medical bills, and endure pain and suffering. Call Tucker Law to fight for your compensation. There are no fees unless you win, and with a no-obligation free consultation, you can gain valuable legal advice. Call today to discuss your truck accident case with a personal injury attorney in Fort Lauderdale.

Tucker Law’s main office is located at 800 SE 3rd Avenue, Suite 300 Fort Lauderdale, FL 33316, about 20 minutes from Fort Lauderdale Beach, less than a mile away from Fort Lauderdale Riverwalk, and about 5 minutes away from the Museum of Discovery and Science. Port Everglades is only 15 minutes away. Matthew Sean Tucker, the principal attorney at Tucker Law, is your trusted source for addressing both personal injury and intellectual property matters. With a proven history of expertise and success, Tucker Law ensures your legal representation instills confidence in every aspect of your case. Call Tucker Law today at 1-800-882-5379 with further questions.

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