When driving near an 18-wheeler on the highway, most motorists don’t give much thought to how the truck’s cargo is loaded. However, the way cargo is packed and secured on a commercial truck plays a critical role in road safety. Improperly loaded or unsecured cargo is one of the leading causes of truck accidents and can result in catastrophic injuries or fatalities. The size and weight of an 18-wheeler already make it a dangerous presence on the road, and when its cargo is loaded incorrectly, the risk of accidents skyrockets. Understanding the dangers of improperly loaded cargo and knowing what to do if you’re involved in an accident can help protect you and your family.
How Improperly Loaded Cargo Causes Accidents
Cargo on an 18-wheeler must be loaded in a way that maintains balance and stability for the truck during its journey. When the cargo is not evenly distributed or is improperly secured, it can create a dangerous situation that affects the truck’s handling. Some of the most common ways in which improperly loaded cargo leads to accidents include:
- Cargo Shifting: If the cargo inside the trailer is not properly secured, it can shift during transit. As the truck turns or brakes, this movement can throw off the vehicle’s balance, causing the driver to lose control. This is particularly dangerous during sharp turns or sudden stops, where the shift in weight can result in a rollover accident or jackknife.
- Overloading: Trucks have weight limits for a reason. When a truck is overloaded or exceeds its weight capacity, it becomes much harder to stop in time to avoid collisions. Overloaded trucks also put extra strain on tires and brakes, increasing the likelihood of mechanical failure, blowouts, or brake failure.
- Uneven Weight Distribution: Cargo must be distributed evenly across the trailer to maintain the truck’s center of gravity. When the weight is concentrated too heavily on one side or is not properly balanced, it increases the risk of rollovers, especially when the truck makes a turn or changes lanes at high speeds.
- Falling Cargo: In some cases, improperly secured cargo can fall off the truck entirely. This is particularly dangerous when large items or debris are scattered across the road, as they can strike other vehicles or force drivers to swerve, leading to multi-car collisions.
Who Is Responsible for Improperly Loaded Cargo?
In accidents caused by improperly loaded or secured cargo, multiple parties may be held responsible, depending on the circumstances. Determining who is at fault is key to pursuing a personal injury claim and receiving compensation for your injuries. Some of the parties that may be liable include:
- The Truck Driver: Drivers are responsible for inspecting their trucks before and during trips to ensure the cargo is properly secured. If a driver fails to check their cargo or continues driving with a known issue, they may be held liable for any resulting accidents.
- The Trucking Company: Trucking companies are responsible for training their drivers and ensuring that cargo is loaded and secured according to federal regulations. If the company fails to follow safety procedures, properly maintain the truck, or overloads the vehicle to maximize profits, they may be held accountable for accidents caused by improper loading.
- The Cargo Loaders: In many cases, third-party companies are hired to load the cargo onto the truck. These loaders are responsible for making sure the cargo is evenly distributed and securely fastened. If a third-party loader fails to properly secure the cargo, they could be liable for any accidents that result from their negligence.
- The Shipper: If the shipper of the cargo provided improper instructions about how the load should be handled or intentionally concealed the true weight of the cargo, they could share responsibility for the accident.
Federal Regulations and Cargo Loading Requirements
To reduce the risk of accidents caused by improperly loaded cargo, the Federal Motor Carrier Safety Administration (FMCSA) has established strict regulations governing how cargo should be secured and loaded. These regulations include:
- Weight Limits: Trucks are subject to weight limits based on their size and the type of cargo they are carrying. Overloading a truck is a violation of federal law and increases the risk of serious accidents.
- Cargo Securement: Cargo must be properly secured with appropriate restraints, such as straps, chains, or locks. The number and type of restraints depend on the type of cargo being transported. Loose or improperly secured cargo violates FMCSA regulations and puts both the truck driver and other motorists at risk.
- Regular Inspections: Drivers are required to inspect their cargo at the start of the trip, within the first 50 miles of the journey, and periodically throughout the trip to ensure that the load remains secure. Failing to conduct these inspections can result in driver negligence.
Violating these regulations can result in significant penalties for trucking companies, including fines, loss of licenses, and increased liability in the event of an accident. If a truck driver or company is found to have violated FMCSA regulations regarding cargo loading, it can strengthen a personal injury claim by establishing negligence.
What to Do After an Accident Involving Improperly Loaded Cargo
If you’ve been involved in an accident with an 18-wheeler due to improperly loaded cargo, it’s essential to take steps to protect your rights and build a strong case for compensation. Here’s what to do after an accident:
- Seek Medical Attention: Your health and safety are the top priority. Even if you believe your injuries are minor, it’s important to seek medical attention immediately to document your condition and rule out any underlying issues.
- Document the Scene: If possible, take photographs of the accident scene, the truck, the cargo, and any visible damage to your vehicle. This documentation can be crucial evidence in proving that improperly loaded cargo contributed to the accident.
- Contact an Attorney: Trucking accidents are complex, often involving multiple parties and federal regulations. An experienced attorney can help you navigate the legal process, gather evidence, and hold the responsible parties accountable for their negligence.
At Spagnoletti Law Firm, we have experience handling truck accident cases and understand the complexities of these claims. Our team will investigate the accident, work with experts to determine the cause, and fight for the compensation you deserve. If you’ve been injured in an accident with an 18-wheeler, contact us today for a free consultation. We’re here to protect your rights and help you recover from your injuries. Please contact us online or call 713-804-9306 or to learn more about your legal rights.