Improperly loaded truck cargo poses a risk to motorists, pedestrians, truck drivers, and anyone else who comes in contact with the truck. This cargo can cause severe injuries and leave victims with significant medical bills and the inability to work. For these reasons, it’s critical that victims work with an experienced team of truck accident lawyers to seek the compensation they need and deserve.
Contact Triumph Law Group at 602-595-5559 for a free consultation with our improperly loaded cargo truck accident attorneys in Phoenix. If you suffered severe injuries in a truck accident, our team is committed to helping you hold the at-fault parties financially liable.
Improperly Loaded Truck Accidents Our Firm Handles in Phoenix
Improperly loaded cargo can cause truck accidents in a few ways, including the following:
- Unevenly Distributed Weight – When cargo isn’t properly secured, the weight distribution can be uneven, leading to several issues that could cause crashes. If the weight is too far forward, it can impede the truck’s ability to stop quickly, and if it is too far to one side, it can increase the odds of a rollover accident.
- Shifting Weight – Shifting weight causes the same issues as unevenly distributed weight. Depending on where the weight shifts, it can make it harder for the truck to stop or easier for it to tip over.
- Falling Cargo – Improperly secured cargo can easily fall off the back or sides of a flatbed truck, crushing smaller vehicles or posing a hazard to unsuspecting drivers.
- Improper Securement – Different types of cargo require different types of securement, from straps to chains to tarps. The Federal Motor Carrier Safety Administration (FMCSA) regulates what kinds of securement are required based on the type of cargo carried, and failing to follow these regulations could leave truck drivers, trucking companies, and cargo loaders open to liability.
Improperly Loaded Cargo-Related Truck Accident Statistics
According to a study conducted by the FMCSA that looked at 141,000 truck accidents resulting in injuries and fatalities, 4 percent of the accidents were related to shifting cargo. That’s 6,000 accidents caused by shifting cargo. However, while 4 percent may not sound like much, the FMCSA gave shifting cargo a relative risk score of 56.3, which was the highest by far. For comparison, truck brake failures only received a relative risk score of 2.7 percent, and speeding only received a relative risk score of 7.7 percent.
Examples of Improperly Loaded Truck Cargo Accidents
One example of improperly loaded cargo causing a truck accident is if the proper securement regulations aren’t followed and the cargo shifts in transit. Depending on how the cargo shifts, it could make it harder for the truck to stop or make a rollover more likely when turning. Either case could lead to a severe accident, leaving victims with serious injuries.
Another example of this type of accident might involve cargo falling off the back of a flatbed truck, creating a hazard on the road that unsuspecting drivers may not see. For example, if another vehicle blocks your view of the road ahead and merges into an adjacent lane at the last moment, you may not have time to react to a large object on the road.
Frequently Asked Questions about Cargo Accidents
Below, you’ll find answers to some of the most frequently asked questions after an injury caused by improperly loaded cargo. If you have further questions, our lawyers are more than happy to answer them during your initial consultation and throughout your case.
Who Is Liable if Improperly Loaded Cargo Causes My Injuries?
If improperly loaded cargo caused your injuries, a few parties could be liable for your damages. The first party that could be liable is the cargo loader. They are responsible for properly loading all cargo and should be aware of the securement regulations.
The second party that could be liable is the truck driver. Despite not being the one to load the cargo, the driver should check to make sure the cargo is properly loaded and secured since they’re the one who will be transporting it.
Finally, the trucking company could be liable for your damages if it contributed to the improper loading of cargo. For example, if the trucking company encouraged the cargo loader to overload the truck so it could deliver more cargo, it may be responsible for the resulting accident.
Due to the possibility that multiple parties share liability for your accident, you need an Arizona attorney with substantial experience handling commercial truck accidents. An experienced lawyer will know how to look for evidence related to different parties’ roles in the events leading up to the crash to ensure you seek compensation from all liable parties.
What Are Common Injuries Caused by Improperly Loaded Cargo?
Improperly loaded cargo can cause various severe and even permanent injuries. Some of the most common injuries seen in these types of cases include:
- Spinal Cord Injuries – Damage to the spinal cord can leave victims with chronic pain conditions or permanent paralysis, depending on whether the spinal cord gets severed in the crash.
- Traumatic Brain Injuries – TBIs result from the brain striking the inside of the skull and can cause severe and permanent cognitive and physical disability.
- Fractured Bones – Bone fractures are among the most common types of injuries suffered in motor vehicle crashes. A collision with cargo that fell from a truck could even result in a fracture of the femur, which is the strongest bone in the body.
- Crushing Injuries – If cargo falls from the back of a truck, it can land on and crush individuals who happen to be nearby, including the truck driver and cargo loaders.
- Psychological Injuries – Not all injuries suffered in truck accidents are physical. Many truck accident victims also report psychological injuries, such as anxiety and post-traumatic stress disorder (PTSD).
Steps to Take After Suffering an Injury Caused by Improperly Loaded Truck Cargo
To protect your right to seek compensation for your injuries after a truck accident caused by improperly loaded cargo, you should take the following steps:
- Seek Ongoing Medical Treatment – Continue with your medical treatment until you fully recover or reach your maximum medical improvement (MMI).
- Keep Track of Medical Bills – Track all bills you receive related to the incident so your lawyer can use them to calculate your medical expenses.
- Document the Accident – Take photographs of your injuries and write down everything you remember about the incident.
- Avoid Providing a Statement – Do not provide a recorded statement to the at-fault party’s insurance company. They will try to use your statement against you to reduce the value of your claim.
- Contact a Lawyer – The best way to protect your rights is to consult an experienced truck accident lawyer.
Contact Our Phoenix Truck Cargo Accident Lawyers
If you suffered injuries in a Phoenix, Arizona, truck accident involving improperly secured cargo, you need an experienced truck accident attorney who can fight for your right to compensation. At Triumph Law Group, our personal injury lawyers have a successful track record of recovering compensation and achieving justice for our clients. Contact our law office today for a free consultation with a skilled member of our legal team. During your initial meeting, we’ll review the details of your case and help you understand your options for seeking the compensation you deserve.
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