Every year, billions of dollars worth of cargo is transported on American roads by millions of large trucks. Yet, every 16 minutes, a person loses their life in a truck-related collision nationwide. In addition, due to the size differences between passenger cars and trucks, collisions between the two frequently result in severe injuries for the passengers. Accidents brought on by goods falling off trucks as they travel down our roads can be just as risky as a crash between a truck and another vehicle. No motorist is ready to see a big item coming at them from the rear of a truck, like something out of a horror movie. Cars that have to swerve to avoid being struck by the cargo or the erratic truck may crash, resulting in terrible mishaps.
If you want to recover your damages, you might wonder if you even need a lawyer. The answer is yes. Every stage of a personal injury case can be challenging, including figuring out who is responsible and who should be named as a defendant in the lawsuit (particularly difficult in cases involving falling cargo). Additionally, you can be sure that whomever you bring a lawsuit against will hire counsel (if it’s a business, they probably already have a team on staff with experience in these kinds of conflicts). You don’t want to go into that battle by yourself.
At Tatum & Atkinsons, ‘the Heavy Hitters,’ we have a proven track record of winning high-value settlements and verdicts for our clients. We work vigorously to develop an optimal legal strategy and build the most robust case possible to win your case. We assist our clients with obtaining and assembling compelling evidence to back up their claims. Finally, we provide our clients with peace of mind that can be had when retaining an experienced cargo truck accident lawyer to represent them and fight for their rights to fair compensation. Obtaining a cargo truck accident attorney allows you to focus on what matters most and spend your energy and time on recovering.
Various factors, including recklessness on the part of someone who came into contact with the load, might cause cargo to fall away from trucks.
Truck drivers are responsible for checking their vehicles and how their cargo is loaded. Depending on the cargo’s characteristics, various pieces of equipment are employed to secure it. Steel traps, wedges, tie-downs, and webbing are some examples of the tools that truckers may utilize. Unfortunately, cargo may come free and spill into the road if this device malfunctions or is worn out. Sadly, it’s not always the case that routine checks catch defective equipment.
Due to the pressure to meet deadlines in the trucking sector, there is a natural—and ethical—inclination to fill trucks as full as possible to reduce transportation expenses by making fewer trips and meeting tight deadlines. Unreliable fleet companies, however, could try to overload trucks by piling them up too high to avoid making several trips and the labor and equipment expenditures that go along with them. A truck’s equilibrium may be compromised by an excessively high load, making turning risky. In addition to being more vulnerable to strong winds, overloaded cargo can be dangerous to move through overpasses.
Truck loads must be evenly distributed over the trailer to enable easy turning and more controlled braking. Truck drivers have a more challenging time making precise maneuvers when the load is unbalanced, and it takes longer to stop completely.
To guarantee that truck cargo is moved securely from one point to another, th FMCSA has created requirements for proper loading procedures. Along with general safety rules, the FMCSA has also proposed cargo-specific regulations that consider the distinctive qualities of the most frequently transported cargo.
Loaded cargo must be able to endure turning, stopping, and accelerating without falling free, according to the general rules set forth by the FMCSA. In addition, the rules specify a minimum number of tie-downs based on cargo weight so that the freight cannot move or shift.
There are weigh stations and checkpoints across America’s highway and interstate network. At these stations, truckers must check-in. Safety officials examine the truckload there to ensure it is lawful. Violations can result in up to $5,000 in fines and the inability to move further. Unfortunately, many truck drivers pass these stations due to time restraints and deadline pressure, and only a few truck cargoes receive thorough inspections.
So who is in charge of ensuring that the truckload is securely fastened? Unfortunately, the solution becomes a little tricky. In some situations, several people working for various organizations may come into contact with the load, making it challenging to pinpoint whose negligence led to the accident. For example, a driver may begin at one warehouse with a light load, travel down the road to another warehouse, load more cargo onto the truck, and then continue driving. Ultimately, it is the trucker’s obligation to protect the security of his load. Still, in complex situations like these, where there may be blame to distribute, you can bet that the parties involved will be attempting to assign blame.
Accidents involving cargo trucks can result in serious injuries that have long-term implications on the victims’ mental, emotional, physical, and financial health. For example, after an accident, getting into a car could make you feel scared and medical expenditures can mount up. Physical harm can be severe enough to alter your daily routine, your way of life, or your capacity to perform in the line of work you were accustomed to before your accident. The good news is that the law aims to give you compensation for monetary and intangible losses you sustain due to another party’s negligence.
You must keep track of the expenses you pay for medical care, diagnosis, and recovery following any accident. This documentation will be required to prove your damages in a lawsuit down the road.
Your life could be destroyed in a truck accident caused by fallen cargo. No two situations are exactly alike, so while no lawyer can promise you a specific outcome, search for someone who can support your cause with the force of their vast experience, exceptional legal knowledge, and genuine compassion.
If you or a loved one have been injured by a cargo truck, do not hesitate to contact an experienced cargo truck accident lawyer at Tatum & Atkinson, ‘the Heavy Hitters,’ by calling (800) 529-0804 or contacting us online to schedule your case evaluation today. An experienced cargo truck accident lawyer will represent you in negotiations with the insurance company, explain your legal rights, respond to your inquiries, and seek the best possible outcome for your case. In addition, at Tatum & Atkinson, ‘the Heavy Hitters,’ you owe us nothing unless we win.