Large, commercial trucks are built to haul massive loads on busy highways. An important part of a truck driver's job is to make sure that the truck he or she is driving has a load that is the correct weight and properly secured before they hit the road. Truck crashes caused by unsecured cargo can be deadly for the truck driver and the other motorists with whom they share the road. The Federal Motor Carrier Safety Administration (FMCSA), is the federal agency that is part of the U.S. Department of Transportation that governs commercial vehicle safety. The FMCSA has Cargo Securement Rules. The purpose of the cargo securement rules is to reduce the number of traffic crashes caused by cargo shifting within or falling from commercial vehicles.
If a truck driver is responsible for causing an accident caused by improperly loaded cargo, unsecured cargo, or an overloaded truck, the driver and their employer may be liable for the injuries and property damage.
Unsecured cargo can create road debris
One of the hazards created by unsecured cargo is road debris. If you are driving a passenger vehicle and you end up in a collision with road debris that fell from a truck, you may be able to take legal action and recover compensation from the truck driver, the owner of the truck or trucking company, the shipper and any other responsible party.
A study released last summer by the AAA Foundation for Traffic Safety reported that more than 200,000 crashes involved road debris on U.S. roadways in the past four years. Road debris caused approximately 39,000 injuries and more than 500 deaths between 2011 and 2014. Jurek Grabowski, research director for the AAA Foundation for Traffic Safety said of the study, “This new report shows that road debris can be extremely dangerous but these crashes are preventable. Drivers can easily save lives and prevent injuries by securing their loads and taking other simple precautions to prevent items from falling off the vehicle.”
Cargo that is not properly loaded or secured can easily shift in transit, which can make the truck become unbalanced leading to a greater tip over hazard or danger of jack knife.
Anyone who has suffered a serious injury from an accident with a tractor trailer with an unsecured load or improperly loaded cargo may benefit from having a conversation with an experienced Kentucky truck accident attorney who can offer legal guidance about the merits of your case.
Truck crashes can be complicated to investigate, but when you have been injured in a truck accident you need an experienced Kentucky truck accident attorney to find out who is at fault and who can be held liable for your injuries. The lawyers at Crandall & Pera Law are here to help you recover the compensation you need to get back to your life after your accident. For help with any truck accident case, please phone Crandall & Pera Law’s Kentucky office at 877.651.7764, our Ohio office at 877.686.8879, or fill out our contact form to schedule an appointment.