Improper loading is a leading cause of truck accidents in California. If you or a family member has suffered injuries in a truck accident caused by improper loading, you may be entitled to significant compensation. That’s where J&Y Law can assist you.
We have extensive experience handling truck accident cases, including those involving improper loading. Given that multiple parties may be responsible for your injuries and losses, having the informed representation we provide is essential. Contact our office today to consult with an experienced improper loading truck accident attorney.
When Truck Accidents Happen Due To Improper Loading
Commercial trucks and tractor-trailers can weigh up to 80,000 pounds, and when improperly loaded, can result in accidents or cause a truck to lose its cargo. Improper loading happens for several reasons, including:
- Poor training of truck drivers and cargo workers is the most common cause of improper loading truck accidents.
- Overloading often results in accidents despite federal and state legal weight limits. Overloaded trucks can make it difficult for the driver to maneuver or stop the truck, leading to a jackknife accident.
- Uneven cargo distribution can cause the truck to sway or lose balance when making turns or changing lanes, resulting in a rollover accident.
- Worn-out tie-downs can break or slip, cause cargo to break free, and create road hazards for drivers
No matter the cause, it takes an experienced California truck accident attorney to identify the responsible party, hold them accountable, and get you the compensation you deserve.
Federal Guidelines Regulate Cargo Loads
The Federal Motor Carrier Safety Administration (FMCSA) has established comprehensive cargo securement rules. According to the FMCSA:
- Truck drivers must check the cargo after the first 50 miles to make sure cargo has not come loose. Also, drivers should check the cargo every 150 miles thereafter (whenever practical), especially when transporting liquids.
- Truck loads must be secured with webbing, steel straps, and other types of fasteners.
- Drivers should use inflatable bags to fill empty spaces between the cargo and keep it from sliding around on the truck.
This is not a complete list, but no matter the type of cargo, the FMCSA regulates how it should be transported. Truck drivers, trucking companies, and other parties can be held legally responsible when cargo securement rule violations result in accidents and injuries.
Determining Liability in Improper Loading Truck Accidents
Everyone involved in loading the truck may be held liable for a truck accident caused by improper loading, including the truck driver and any person who interacts with the cargo. This means multiple parties may be legally responsible for paying damages to the injured parties.
Suppose the trucking company failed to properly train the driver or other employees on loading, fastening, securing, and inspecting the cargo. In this situation, the trucking company may be liable. Similarly, shipping companies that hire the company or the truck driver could be responsible if their employees improperly loaded the truck for shipment.
While truck drivers are responsible for periodically checking the cargo and ensuring that it is secured, anyone involved in initially loading the cargo may be if an accident occurs shortly after the driver begins the trip. Given the challenges of identifying the responsible parties, having an experienced truck accident attorney is essential.
How J&Y Law Can Help
Our attorneys will handle all the details of your claim, including:
- Investigating and photographing the accident site
- Obtaining and reviewing the police report
- Identifying and interviewing witnesses
- Reviewing the trucker’s driving record
- Subpoenaing the trucking company’s transportation and loading logs
- Collecting medical evidence to document your injuries and treatment
- Negotiating a fair and just settlement with insurance companies and opposing counsel
We prefer to settle truck accident cases outside of court, but we will file a truck accident lawsuit if necessary. Either way, we will fight to win you compensation such as:
- Medical expenses
- Rehabilitative costs
- Lost wages – present and future
- Pain and suffering
- Emotional distress
- Permanent disability/disfigurement
- Replacement services
- Loss of enjoyment of life
- Loss of consortium
If a loved one has died in a truck accident caused by overloading, we can help you file a wrongful death lawsuit to obtain compensation for final medical expenses and other losses. You can depend on us to stand by you every step of the way and protect your rights.
Contact Our Experienced California Truck Accident Attorney Today!
At J&Y Law, we have a proven track record of helping truck accident victims like you obtain meaningful compensation. When you become our client, you will have comfort with our capable attorneys by your side. Contact our office today to set up a consultation.