Large trucks are essential for the economy in and around Cartersville. However, trucks also come with serious risks. If truck cargo is improperly loaded and secured, it can cause severe injuries. If you or a loved one suffered injuries as another driver, talk to a Cartersville car accident lawyer.
When a large truck collides with a smaller vehicle, terrible damages are common. Those in the smaller car often suffer catastrophic injuries. In some cases, people die. At John Foy & Associates, we are here for your family after this type of crash.
Contact us today for a FREE consultation. We’ll listen to your situation and discuss solutions. Call (404) 400-4000 or contact us online for your FREE consultation.
Truck Driver Negligence in Improperly Loaded Cargo Accidents
All drivers, including truckers, owe each other “ordinary diligence” on the roads (Georgia Code §51-1-2). When a driver is careless, they have been negligent.
Truck drivers have additional duties. They must follow state and federal trucking regulations, which include loading and securing cargo. If a driver breaches cargo guidelines and it causes injuries, they are liable.
If you or a loved one suffered injuries from a cargo-related accident, you have rights. As an injury victim, you can pursue compensation from the at-fault party’s insurance company. Your claim will need to prove that:
- The other party owed you a duty of care,
- The party breached its duty of care,
- The breached duty led to your accident, and
- You suffered injuries and damages from the accident.
Sometimes, the trucking company is also liable. Employers are responsible for employees’ actions in many situations (Georgia Code §51-2-2). Plus, a driver could improperly load cargo due to inadequate training.
Truck drivers are often under strict guidelines. The trucking company might set unrealistic deadlines leading to overloaded cargo or excessive hours.
You’ll need to determine who was at fault for the improperly loaded cargo accident. However, it’s not always easy to know who is responsible. Contact an experienced car accident lawyer for help investigating the truth.
Cargo Loading Regulations in Cartersville
The Federal Motor Carrier Safety Administration (FMCSA) has set cargo securement rules. All motor carriers must follow these rules.
Here are some examples of cargo-related rules for truckers:
General Cargo Rules
Drivers must firmly secure cargo on a vehicle with a combination of proper:
- Dunnage (which are loose materials to support the load)
- Shoring bars
Placing and Restraining Cargo
If cargo is likely to roll, the driver must use specific objects to prevent rolling.
Securement System Limits
The “working load limit” of a system used to secure cargo must be at least half of the cargo’s weight.
Minimum Tie Downs for Cargo
Drivers and trucking companies must use a minimum number of tie-downs based on the cargo’s length and weight.
The FMCSA also has specific regulations for cargo like:
- Dressed lumbar (and similar products)
- Metal coils
- Paper rolls
- Concrete pipes
- Lighter vehicles
- Heavier vehicles and machinery
- Flattened or crushed vehicles
- Roll-on and roll-off containers
- Large boulders
Determining Responsibility for an Accident
If poorly-loaded cargo leads to an accident, someone is typically liable. The at-fault parties could be:
- The truck’s owner
- The truck driver
- The cargo company
- The trucking company
- Subcontractors that loaded the cargo
- Road conditions
- Another driver in the accident
Most of the time, the person who loaded the cargo is responsible for the damages. However, if the driver loaded the truck, their employer could be liable for the driver’s negligence.
Truck-related accidents are almost always complicated. Thankfully, you don’t have to figure it out alone. An experienced car accident lawyer can help.
At John Foy & Associates, we’ll help investigate the accident to determine who is liable. Then, we’ll calculate the worth of your claim. Our goal is to get you full compensation for your damages. To get a FREE consultation today, call (404) 400-4000, or contact us online.
Truck Cargo Issues Can Lead to Terrible Accidents
When cargo is improperly loaded, it can shift suddenly on the road. A sudden shift might lead to a rollover or jackknife accident. These situations often severely injure or kill other motorists.
If cargo is not secured well, it might fall off of the truck. The fallen load can injure other drivers and cause terrible accidents. Some truck contents are hazardous if they touch another driver’s car or skin. Even worse, some cargo is unsafe to breathe.
How to Prove Improperly Loaded Cargo Caused Your Car Accident
After an accident, you might wonder where to turn first. You probably have painful or debilitating injuries. Or, you might be here because you lost a loved one. No matter your situation, our lawyers are here to support you.
You will need to prove the at-fault party’s negligence. Thankfully, truck accidents are often obviously severe. You might have trouble determining who was at fault, though.
An experienced lawyer will help you:
- Investigate the cause of the accident,
- Gather evidence of your damages,
- Calculating your total losses,
- Build a strong injury claim or lawsuit,
- Negotiate for a settlement you deserve, and
- Protect your rights every step of the way.
After the accident, the insurance company might contact you. However, you should be very careful talking to the other side’s insurer. Avoid accepting any money from or giving any recorded statements to the insurance company. Get a car accident lawyer on the phone first.
Your lawyer will know how to build a strong claim. They’ll investigate driver logs, company policies, and more. Plus, your lawyer will handle the insurance company for you.
Get a Free Consultation with a Cartersville Car Accident Lawyer Today
Improperly loaded cargo accidents can be catastrophic or fatal. If you or your family suffered injuries, we can help. At John Foy & Associates, we have 20-plus years of experience.
Contact us today for a FREE, no-risk consultation. We do not charge a fee unless we win your case. A win for you is a win for us—and we’re always on your side.
To get your FREE consultation, call us at (404) 400-4000, or contact us online. We are available 24/7 to take your call.