Truck drivers and trucking companies must carefully load and secure their cargo. If not, poorly-loaded cargo can fall and injure other drivers in Brookhaven. If you or a loved one were injured, you have rights.
You could be eligible for money to pay for your accident costs. But you will need to file a personal injury claim with whoever caused your injuries. Contact our Brookhaven car accident lawyers today to learn more.
John Foy & Associates has been helping injured clients for over 20 years. Our lawyers know how to build strong cases and fight for your rights. To learn more during a FREE consultation, call (404) 400-4000, or contact us online.
What Happens After a Poorly-Loaded Cargo Accident
After a cargo-related accident, you have rights. You might be able to recover money from the party who caused your accident through a personal injury claim.
Before filing a claim, you can document the accident and your injuries by:
- Call the police to report the accident,
- Getting medical treatment,
- Taking pictures of the accident scene,
- Getting contact information from witnesses,
- Saving all evidence of your damages, and
- Working with a car accident lawyer.
Also, be careful with what you say about the accident. The other side’s insurance company might contact you to talk about the crash. Do not speak with the insurance company until you have a lawyer.
Insurance companies will look for ways to pay you less. They might use something you say against you or offer a low settlement. Before accepting anything, talk to a lawyer.
Georgia Laws for Loading Cargo
Georgia has specific laws for loading cargo on vehicles.
According to Georgia Code §40-6-254, vehicles can only carry a load if it is properly secured. The load must be secured to prevent dropping or shifting. If a load falls onto the road, it creates a safety hazard.
Not following the above code is a misdemeanor offense. After an accident, the driver might receive a ticket for improperly-loaded cargo. This violation can be helpful for your injury case.
The Federal Motor Carrier Safety Administration (FMCSA) also has rules for carrying cargo. Any commercial vehicle (like a semi-truck) must follow federal guidelines.
Drivers must secure cargo so that it can handle:
- Slowing down while going forward,
- Speeding up while going backward, and
- Speeding up while turning.
The cargo must stay put even with fast acceleration or braking. To learn more about the specifics, talk to a Brookhaven car accident lawyer.
There are also special rules for different types of cargo, including:
- Paper rolls
- Metal coils
- Wood products
- Light vehicles
- Concrete pipes
- Heavy vehicles
Talk to your lawyer about the type of cargo your accident involved. If you suffered injuries from fallen cargo, you probably have a case.
John Foy & Associates can help after your accident. We’ll look at your situation and determine your options. Our lawyers know how to build a strong case. Call us at (404) 400-4000 or contact us online for a FREE consultation.
Who Is Responsible for an Improperly-Loaded Cargo Accident
The careless driver in an accident is responsible for the costs. In a typical car accident, you’d file a claim with the other driver’s insurance company.
But when cargo is involved, it’s more complicated. If your accident involves cargo, the other car or truck is probably a commercial vehicle. In a commercial vehicle crash, several people could be to blame.
You could have a case against:
- The truck driver
- The driver’s employer
- A shipping or loading company
- The truck manufacturer
- The truck’s owner
If the truck driver is an employee, their employer is probably responsible. Companies are usually accountable for their employees’ actions.
But some truck drivers work as independent contractors. If the driver is a contractor, they are at fault for their actions. The trucking company will probably deny any fault for what happened.
Sometimes, the driver is not at fault. A company that loaded the cargo might be responsible. Or, the manufacturer could be at fault for defective truck parts.
Investigating the Cause of Your Accident
You can probably see how cargo-related accidents aren’t easy. There could be multiple causes for fallen cargo. Plus, the at-fault party will try to deny fault. You will need a strong lawyer on your side.
Your lawyer will investigate the cause of the accident. From there, you’ll know who should pay for your costs. You can start building an injury claim for financial recovery.
You can usually get a settlement from the insurance company. But insurers will sometimes refuse to negotiate. If you cannot settle, your lawyer will help you sue.
Your Accident Damages
Truck accidents are often very serious. You might have injuries that need lots of treatment. While you get medical care, you’ll probably need to miss work. It might feel like there is no end in sight.
Thankfully, you have options. If you were not at fault, you deserve compensation. Your injury claim can request money for:
- Medical bills
- Medication costs
- Future treatment costs
- Lost wages
- Property damage
- Pain and suffering
- Emotional trauma
A personal injury claim should “make you whole” after an accident. You deserve a full recovery for the damages you didn’t cause. But don’t file your case before knowing all of your costs.
Before you file a claim, talk to a lawyer. Your attorney will consider all of your accident damages, including future medical treatment and emotional damages. That way, you’ll know what type of settlement you deserve.
Talk to a Brookhaven Car Accident Lawyer for Free Today
If poorly-loaded cargo caused your accident, call John Foy & Associates today. We’ve been working on these types of cases for over 20 years.
Our lawyers are not afraid to stand up to the insurance companies. We’ll take your case as far as necessary. Plus, we don’t charge you unless you win money.
Call us at (404) 400-4000 or contact us online for your FREE consultation. We’ll help you schedule an appointment as soon as possible. We are available 24/7 to take your call.