Truck drivers must ensure that they are following all regulations and all best practices for safety when they are loading cargo. If truck cargo is not properly loaded, a significant accident risk is created. A truck driver could be held legally liable for any accidents that result from their negligent loading of truck cargo. In many cases, the employer of a truck driver could also be held accountable for crashes that happen due to cargo loading problems.
Victims of truck collisions who are hurt by cargo problems need to talk with an experienced attorney in order to find out what steps must be taken to hold truck drivers accountable.
In many cases, a truck accident victim can recover full compensation for economic and non-financial damages by proving that cargo issues were the crash cause. An attorney can provide assistance in obtaining testimony from experts who will be able to identify cargo problems and can provide assistance in obtaining information from the trucking company on loading practices so negligence or a rule violation can be proved.
Failure to Correctly Load Cargo Can Result in Truck Collisions
A truck driver can be made to pay damages to a collision victim if the driver's actions are proved to be negligent or unreasonably careless. For example, if a reasonably competent trucker would have taken better precautions to avoid cargo flying off the truck, a driver who did not take such precautions could be held accountable for any collisions caused by the flying cargo.
Truckers can also be held accountable for cargo-related accidents that occur as a result of a failure to follow safety rules and regulations. The Federal Motor Carrier Safety Administration has a number of different rules and regulations related to safe loading of cargo. When and if a trucker violates any of these regulations, a presumption of negligence is created. A victim injured in a truck crash resulting from the violation of FMCSA's cargo rule would be able to successfully obtain compensation for damages by proving the rule violation was the direct cause of the crash.
Any victim should make sure to work with a truck accident lawyer who is familiar with the many FMCSA guidelines on truck cargo securement so the victim's attorney can help them to develop the best legal strategy for holding the trucker accountable. The FMCSA's driver handbook contains 13 chapters dealing with cargo loading and securement.
These FMCSA rules relate to virtually all aspects of securing cargo on a commercial motor vehicle. Among other things, the rules dictate that cargo should be secured such that it does not move around or shift. If cargo shifts when it is being transported, this could result in a truck rollover accident occurring. The Association for the Advancement of Automotive Medicine indicated that cargo shifting substantially increase the risk of a rollover crash. This type of accident can be particularly serious and victims must ensure they get the right help to obtain full compensation for losses.