Flatbed trucks are essential for transporting large, heavy, and oversized cargo, but when that cargo is not properly secured, the risks to other drivers on the road are immense. Unsecured or poorly secured cargo can shift, fall onto the roadway, or strike nearby vehicles, causing severe accidents and injuries. Understanding the responsibilities of trucking companies, drivers, and cargo loaders is essential for determining liability when these accidents occur.
How Unsecured Cargo Causes Accidents
Unsecured cargo poses a significant hazard, particularly on highways where vehicles are traveling at high speeds. Common ways in which unsecured cargo causes accidents include:
- Falling Debris: Items that fall from a flatbed truck can strike other vehicles or create road hazards, leading to collisions or rollovers.
- Shifting Loads: Improperly secured cargo can shift during transit, causing the truck to become unbalanced. This increases the risk of jackknifing, tipping, or losing control.
- Overhanging or Overloaded Cargo: Oversized items extending beyond the truck’s flatbed can strike overpasses, vehicles, or roadside structures, causing serious accidents.
These incidents can result in chain-reaction crashes involving multiple vehicles, particularly in congested traffic or areas with limited visibility.
Who Is Liable in Accidents Involving Unsecured Cargo?
Determining liability in accidents caused by unsecured cargo requires an investigation into who failed to meet their legal responsibilities. Potentially liable parties include:
- Truck Drivers: Drivers are responsible for inspecting their cargo and ensuring it is properly secured before and during transport.
- Trucking Companies: Companies must provide proper training to drivers and ensure compliance with safety regulations regarding cargo securement.
- Cargo Loaders: Third-party contractors or shipping companies that load cargo onto flatbeds must follow strict safety standards to prevent accidents.
- Manufacturers of Equipment: If defective straps, tie-downs, or other cargo-securing equipment contributed to the incident, manufacturers may share liability.
Establishing liability often requires evidence such as driver logs, surveillance footage, accident reports, and expert analysis of the cargo loading process.
Preventing Unsecured Cargo Accidents
Federal and state regulations, including those outlined by the Federal Motor Carrier Safety Administration (FMCSA), require that flatbed cargo be properly secured using approved methods and equipment. Best practices for securing cargo include:
- Using the Right Equipment: Chains, straps, and binders must meet weight and size requirements to handle the load securely.
- Conducting Inspections: Drivers should perform pre-trip and en route inspections to ensure that cargo remains secure throughout the journey.
- Balancing the Load: Proper weight distribution reduces the risk of shifting or tipping cargo.
- Adhering to Weight Limits: Overloaded trucks are more prone to accidents and can cause additional damage if an accident occurs.
Trucking companies and drivers who fail to follow these safety measures not only put others at risk but also expose themselves to significant legal liability.
Legal Options for Victims
Victims of accidents caused by unsecured cargo may be entitled to compensation for medical expenses, lost wages, and pain and suffering. Filing a personal injury or wrongful death lawsuit often involves multiple parties and complex legal issues. An experienced attorney can help:
- Investigate the cause of the accident.
- Identify all liable parties.
- Gather evidence to support your claim.
- Negotiate with insurance companies or litigate in court if necessary.
Contact Us for a Free Consultation
If you or a loved one has been injured in an accident caused by unsecured cargo, contact Spagnoletti Law Firm for a free consultation at . We can help you understand your legal rights, determine liability, and pursue the compensation you deserve.