Who’s Responsible For Accidents Caused By Unsafe Truck Loading?
Many motor vehicle accidents occur because of unsafe truck loading. Improperly loaded trucks cause more accidents than you might think. Unsecured or improperly secured loads on a truck may threaten the safety of other people on the road.
When unsecured cargo falls off of a truck, it can hit other vehicles on the road and cause a devastating, multi-vehicle accident. Depending on the circumstances surrounding an accident caused by improperly secured cargo, it may not be immediately clear whose fault caused or contributed to the accident.
Our attorneys at Pita Weber Del Prado have handled numerous truck accident cases involving unsafe truck loading. Schedule a free case review with our Miami truck accident attorneys to discuss your particular case and determine liability for your crash.
Federal Standards for Safe Truck Loading in the United States
The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency that governs the U.S. trucking industry and implements safety standards for truck drivers and trucking companies across the country.
The FMCSA adopted safety guidelines for safe truck loading. Trucking companies and truckers must follow the rules to ensure that cargo is properly secured to prevent loads from falling off of trucks. The rules include:
- Load limits based on the type of the vehicle and the weight of loads;
- The required number of tie-downs to prevent cargo from shifting inside the vehicle; and
- Requirements for carrying specific types of cargo, including logs.
These and other rules apply to trucking companies and truck drivers to ensure safe truck loading and prevent accidents. The trucker is always responsible for ensuring that cargo on their truck is properly secured, even if the driver did not load it.
If an accident is caused by unsafe truck loading, the injured victim could pursue a claim against the truck driver, the trucking company, and the company or individuals responsible for loading cargo.
Proving Negligence in Accidents Caused by Improperly Loaded Trucks
When a truck accident occurs because the vehicle is not properly loaded or carries improperly secured cargo, there is always someone who can be held responsible for the accident. To hold that individual or entity liable, you will have to prove negligence.
In Florida, you can prove negligence by establishing the three elements:
- The other party owed you a duty of care (e.g., truck drivers have an obligation to ensure the safety of other people on the road by following traffic rules and FMCSA regulations);
- The duty of care was breached because of that party’s negligence; and
- The breach caused your accident and resulted in damages.
There may be several at-fault parties when a truck accident involves unsafe cargo loading. An investigation conducted by your lawyer will help identify liable parties by showing which party failed to properly secure the cargo.
Speak with a Miami Truck Accident Attorney
If you were injured in an accident because of improperly secured cargo, you might be eligible to pursue compensation for your injuries and damages. You have a limited amount of time to pursue a claim against the negligent party, which is why it is critical that you start building your legal case as soon as possible.
Consider speaking with a knowledgeable truck accident attorney to determine liable parties in your crash caused by unsecured cargo or improper truck loading. Contact Pita Weber Del Prado to get your free case review. Call 305-670-2889.
