Large trucks transport billions of tons of cargo across the U.S. yearly. The Federal Motor Carrier Safety Administration (FMCSA) reported that of the 475,000 large truck accidents that occurred in 2016, six could be attributed to cargo shifting or loss. While it may seem like a relatively low number, when load shifting truck accidents occur, they are often devastating.
If you or a loved one has been injured in an accident due to another driver’s negligence, we at 844 See Mike are here for you every step of the way to ensure that your rights are protected, and you are fully compensated for your injuries and losses.
Federal Load Securement Regulations
The FMCSA has strict regulations regarding load securement regardless if the cargo is in the bed of a truck, on an open flatbed, or in a special container such as a gasoline or cement truck. These regulations state that cargo securement methods must meet performance requirements and safely withstand both acceleration and deceleration. These regulations include:
- Cargo must be distributed appropriately and adequately secured;
- Cargo that may roll must be properly secured;
- Cargo may not obscure the driver’s view;
- Doors, spare tires, tailgate, and tailboard must be properly secured;
- The driver must do an inspection check before taking to the road to ensure regulations are being met;
- Cargo loads must be inspected within the first 50 miles and readjusted as needed;
- Trucks with a larger load must meet Special Purpose vehicle requirements;
- The driver must ensure that that proper tie-downs are used and are not loose, damaged, or unfastened while on the road;
- Truck drivers must follow specific regulations regarding their specific cargo.
Truck drivers in Illinois also have specific requirements for cargo loading. The Illinois Department of Transportation states that truck drivers in Illinois must abide by the following rules:
- Cargo coverings-Cargo must be covered to protect the load and prevent the loss of cargo into the roadway.
- Blocking and bracing-Blocking is used to ensure cargo is fitted tightly. Bracing is used to prevent slippage of cargo.
- Header boards-A header board protects the truck driver in the event of an accident by placing a barrier between the cab and the trailer.
All trucking companies are required by law to follow the regulations set forth by FMCSA. Unfortunately, trucking companies, private truck drivers, and cargo loaders are often negligent and do not follow the rules, putting the public at risk for serious truck accidents.
What Are Load Shifts?
A load shift is when the cargo moves unexpectedly during transit. This could mean that the cargo shifts from the flatbed and spills to the roadway or shifts from front to back or side-to-side, causing the truck to be unbalanced and prone to a rollover.
Improperly secured cargo can also cause the following types of truck accidents:
- Jackknife accidents-When an improperly secured cargo load shifts, it can cause the trailer to swing outward from the cab at an angle, or jackknife.
- Lane departures-When the weight of cargo shifts, it can cause trucks to depart their lane of travel and enter the lane of travel for other vehicles or fall from overpasses and bridges.
- Rear-end collisions-An overloaded truck is more difficult to slow and stop causing the truck to slam into other vehicles from behind.
Liability in Load Shifting Truck Accidents
In the event of a load shifting truck accident, the company in charge of loading the truck will most likely be the party liable for any damages and injuries. This could be the trucking company or a third-party in charge of loading the trucks before a trip.
Determining exactly who may be liable for your truck accident can be difficult, but an experienced personal injury lawyer can review your case and go after the party or parties who are responsible.
We at 844 See Mike are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in a trucking accident, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, including medical expenses, property damage, lost wages, and pain and suffering, and you won’t owe us a dime for our services.
We see you as a person, not just a client – and that makes us better at work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at 844 See Mike, we put People, First.
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule meeting with us here. We’re here 24/7.
