Commercial drivers in Johns Creek have a duty to drive with safety and caution. If the driver is carrying and transporting cargo on their vehicle, they (and other people involved) must ensure cargo is properly loaded and secured. If that didn’t happen and it led to an accident in which you were injured, we urge you to speak with a Johns Creek improperly loaded cargo lawyer today.
At John Foy & Associates, we are here to help if you were hurt in an accident caused by poorly loaded cargo. We have been helping our clients with these types of accident cases for over 20 years, and we are not afraid to fight hard for your rights.
Reach out today and we’ll give you a FREE consultation and case evaluation. Plus, we do not collect a fee unless we win you money. To get started risk-free, call us at (404) 400-4000 or contact us online today.
Examples of Improperly Loaded Cargo in Johns Creek
Many truck drivers transport tons of goods and products across state lines on a regular basis—all while sharing the roads with many other drivers. If the driver’s cargo is not correctly loaded, stored, and secured, it can lead to devastating accidents and injuries.
Types of cargo that may be improperly loaded include:
- Refrigerated food products
- Flammable gases and liquids
- Radioactive materials
- Passenger vehicles
- Large equipment or machinery
- Combustible materials
As you can see from the list above, trucks carry many materials that can be dangerous if they fall off into the road or onto other drivers’ vehicles. The loading and securing process must be meticulous so that nothing comes loose. If someone fails in their duty to secure cargo, it can lead to serious accidents.
How Unsecured or Poorly-Loaded Cargo Leads to an Accident
Examples of situations that lead to improperly loaded cargo accidents include:
- Chemicals or other hazardous materials spilling onto roadways;
- Defective or ineffective tie-down straps;
- Failure to check cargo before taking off;
- Imbalanced cargo on the vehicle;
- Overloading cargo on the vehicle; and
- Improper loading methods.
Even at low speeds, improper loading of cargo can lead to serious injuries and vehicle damage. Hazardous materials can injury drivers and passengers on the road, and the truck driver might not even notice it at first. Fallen cargo can also cause the truck to skid, rollover, or catch on fire, putting the driver and everyone else in serious danger.
No matter how your accident happened, a crash involving improperly loaded cargo should be taken seriously. Our attorneys can investigate what happened and begin building a case to show who was at fault. Our goal is to get you the fullest compensation possible for your damages.
Call (404) 400-4000 or contact us online to get a FREE consultation with an experienced and trusted Johns Creek improperly loaded cargo lawyer today.
Regulations for Securing and Transporting Cargo in Johns Creek
The Georgia Commercial Driver’s Manual details certain requirements for transporting cargo safely on Georgia roads. Drivers should:
- Perform a pre-trip inspection to ensure the cargo is properly secured, balanced, and has not been overloaded;
- Check the cargo and its security again within the initial 50 miles of a trip and adjust as needed;
- Re-inspect the cargo and securing devices after driving three hours or 150 miles and at each break taken during the trip;
- Know the federal, state, and local regulations for securing, loading, and covering cargo and commercial vehicle weights
Georgia Code § 40-6-254 also dictates that no one should operate a loaded vehicle unless the load is “adequately secured to prevent the dropping or shifting of such load onto the roadway” in a way that creates a safety hazard. Violation of this statute is a misdemeanor crime. If you and your lawyer can show that the driver violated this law, it can help support your case.
Understanding Liability for an Accident Caused By Fallen Cargo
If a driver or some other party failed to properly secure cargo that then led to your accident, then that person or party is likely responsible for your accident damages. Truck drivers and other commercial drivers have a duty to operate their vehicles with caution. If they fail in that duty, they are legally liable.
More than one party may be at fault for an accident caused by improperly loaded cargo, including any of the following:
- The truck driver
- The loading company
- The trucking company
You will want to work with an experienced lawyer who can investigate the accident, which party was at fault, and the full extent of your damages. Sometimes only one person is to blame, such as the truck driver, while some cases involve multiple people who were negligent in fulfilling the duties of their job. Even if the truck driver is fully at fault, the trucking company they work for might be fully or partially responsible for the driver’s actions.
These types of cases can become complicated quickly, so we recommend contacting a professional as soon as you can. They can help you pursue financial recovery for your medical costs, lost wages, property damages, mental anguish, and other damages that you did not cause. You should not have to pay for expenses that were not your fault.
Get a Free Consultation with a Johns Creek Improperly Loaded Cargo Lawyer Today
Don’t try to handle your improperly loaded cargo accident case alone. At John Foy & Associates, we bring over 20 years of experience to the table, and we know what it takes to win cases. We can look into the details of your accident and let you know your legal options.
The statute of limitations for most injury cases is two years, and sometimes it’s even shorter. Don’t wait to get the help you need. Call us at (404) 400-4000 or contact us online and we’ll get you started with a FREE consultation and case evaluation. We do not charge a fee unless we win you money, so there is no risk in reaching out.