Find A Lawyer Legal Articles Attorney Login

Improperly Loaded or Secured Cargo Truck Accident Lawyers

Injured? Call Now
Talk to a LAW.COM Premier Attorney today!

Truck accident involving cargo? Call a Premier Attorney.

An improperly secured or overloaded cargo truck accident lawyer can help.

Improperly loaded or secured cargo on trucks poses a significant risk on our roadways. This danger occurs when truck drivers or trucking companies fail to load, balance, or secure cargo properly. These types of truck crashes can be devastating and affect multiple road users.

A Premier Attorney can fight to hold the truck driver or their employer accountable. Read on to find out what causes improper cargo loading truck accidents, regulations for cargo loading, and actions you can take if you’re involved in a crash.

A Lawyer!

Free Evaluation

Tell us about your potential case.

By submitting you agree to our Terms & Privacy Policy.
Top firms must pass our verified criteria:
Based in the United States and admitted to practice law.
Earned recognition from their peers for high-quality legal work.
Extensive experience and a winning track record in car accident cases.
Additional information:
Injured? Speak to a LAW.COM
Premier Attorney

1-866-828-0442 or Submit Your Case Form

Truck accidents caused by improper cargo loading often stem from inadequate safety measures. Here are some common causes:

  • Inadequate training: Truck drivers may not receive sufficient training in cargo loading. Without proper knowledge, they may not understand how to distribute weight evenly. They may also fail to secure cargo effectively.
  • Overloading: Exceeding a truck's weight limit can lead to instability and a higher risk of accidents. Overloaded trucks are difficult to control. This is especially true during sudden maneuvers or when navigating curves and slopes.
  • Poor loading practices: Poorly loaded cargo can lead to imbalances. Unsecured or improperly placed items within the trailer can shift during transit. This causes a truck to become unstable.
  • Inadequate restraints: Failing to use appropriate restraints, such as straps, chains, or blocking and bracing materials, can result in cargo movement during transit. This movement can destabilize the truck, making it prone to rollovers or sudden lane changes.

Truck drivers and trucking companies must adhere to certain federal and state laws. These include:

  • Federal weight limits: The Federal Bridge Formula sets axle weight limits for trucks operating on major interstates. The maximum gross weight for a typical five-axle tractor-trailer combination is 80,000 pounds.
  • State-specific regulations: Each state has its own weight limits and restrictions. States may have lower weight limits for specific roads, bridges, or areas with infrastructure limitations.
  • Permits: Overweight or oversized loads that exceed federal or state limits may require special permits. These permits are typically issued by state transportation authorities and come with specific conditions and fees.
  • Cargo securement: The Federal Motor Carrier Safety Administration (FMCSA) sets regulations for cargo securement. These include requirements for using tie-downs and securement equipment. It also includes methods for different types of cargo.

There are several dangers associated with improper cargo loading and securement. Some of the most common dangers include:

  • Rollovers: Unevenly distributed or inadequately secured cargo can cause instability. This increases the likelihood of rollovers, especially during turns or sudden maneuvers.
  • Loss of control: Shifting cargo can result in losing control over the truck. This can lead to truck accidents such as jackknifing or skidding and can be particularly dangerous on highways.
  • Road debris: Items can fall off or out of improperly secured cargo. This often creates road hazards for other drivers and potential collisions.
  • Reduced braking ability: Overloaded or improperly loaded trucks may have longer stopping distances. This reduces the ability to brake safely in emergencies.
  • Tire blowouts: Excessive weight or unevenly distributed cargo can increase stress on tires. A tire blowout can result in a lane departure or jackknife truck accident.

If you've been involved in a truck accident, you may be entitled to compensation for your injuries or damages. Dealing with trucking companies and their insurers can be difficult. But by taking certain steps, you can maximize your chance of getting the compensation you deserve. Below, you’ll find the key steps you should take after a truck accident. 

Take immediate action at the crash scene

First and foremost, prioritize your safety and the safety of others at the crash scene. Get your vehicle out of the line of traffic, if possible. Also, call emergency services to report any severe or life-threatening injuries.

Then, report the truck accident to the police and wait for them to arrive. They will investigate the truck accident and secure the scene. Plus, they will create an accident report and document their findings. This report may include:

  • Violations of cargo loading regulations
  • Witness statements
  • A diagram of how the crash likely occurred
  • Photos of the crash scene

You can also collect your own evidence if you’re able to. This may include taking pictures of the crash scene, including vehicle damage, visible injuries, and the cargo spill or shift. Also, get the names and contact information of witnesses.

Get medical attention 

Seek medical treatment for your injuries, even if they seem minor at first. Some injuries may take days to produce symptoms. These injuries can worsen over time if not addressed and treated promptly.

Also, get proper documentation of your injuries and medical evaluation. This creates a record showing that your injury is linked to the truck accident. 

Keep records of all medical bills, prescriptions, and treatment-related expenses. This documentation will be important when seeking compensation.

Notify your insurance company 

Contact your insurance company to report the truck accident as soon as possible. Provide the basic details to your insurer, such as the date, time, and location of the crash. You can also briefly mention that you’ve been injured. 

However, refrain from providing too much information. If you admit any fault or talk about blame, your words could be used against you. Once you’ve reported the truck accident, let an experienced attorney handle any further communications with insurance companies.

File a truck accident claim

Once you’re ready to file a truck accident claim, contact an experienced Premier Attorney and describe the details to them. They will inform you of your legal rights and advise you on which actions to take next. 

An attorney can thoroughly investigate the crash and determine where negligence occurred. They can collect evidence from the crash scene and the trucking company to determine if improper cargo loading was the cause of your crash. 

Additionally, an attorney can tally up your damages and fight to secure a settlement on your behalf. This includes recovering medical expenses, lost wages, pain and suffering, and property damage.

Truck accidents involving improper cargo loading can be highly complex. You’re not just dealing with a trucking company and its insurer. You’re likely dealing with multiple parties and insurance companies. That’s why you need an experienced Premier Truck Accident Lawyer to sort things out for you.

To get started on your claim, set up a free consultation with a truck accident attorney in your area. Our verified Premier Attorneys work on a contingency fee basis, so you don’t have to pay upfront fees for their services. They’ll receive a percentage if they win your case.

Injured? Call Now
Talk to a LAW.COM Premier Attorney today!

Free Evaluation

Tell us about your potential case.

By submitting you agree to our Terms & Privacy Policy.
Injured? Speak to a LAW.COM
Premier Attorney

1-866-828-0442 or Submit Your Case Form