If you have been injured in an accident with a large commercial truck, one of the most important things to determine is whether the accident was caused entirely by the actions of the truck driver, or if there were other contributing factors behind the scenes that may point to the negligence of other parties. One such factor in many truck accidents is cargo that has been improperly secured. An attorney who understands how loose cargo contributes to accidents can help you gather important evidence to support your claim and pursue all possible options for compensation.
A truck’s cargo load often weighs tens of thousands of pounds, and in order for a driver to safely transport this heavy cargo, it must be appropriately distributed throughout the trailer. Cargo that is not held securely in place can shift while the truck is on the road, throwing off the weight distribution and the truck’s balance. This can cause the driver to lose control of the vehicle, in many cases leading to a rollover accident.
In some cases, loose cargo can also drop off of the truck bed entirely and onto the road. When this happens, nearby drivers and pedestrians can be struck by heavy cargo, either injuring them directly or causing them to lose control of their own vehicles. In other cases, drivers may be involved in accidents as they try to avoid fallen truck cargo that is obstructing the road.
The Federal Motor Carrier Safety Administration (FMCSA) issues regulations that commercial trucking companies throughout the United States must follow regarding the proper securement of cargo. These regulations state the number of tiedowns that must be used, as well as the weight and force that these tiedowns must be able to withstand. There are also specific requirements for cargo shaped such that it is likely to roll without the proper securement.
Trucking companies are responsible for enforcing these regulations, and any employees involved in the loading process also must be sure to follow them. If you have been involved in a truck accident, your attorney can help you investigate the crash to determine whether shifting cargo is a likely cause, and seek evidence including records and testimony from the trucking company that may demonstrate a failure to uphold these regulations. With this supporting evidence, you may be able to recover compensation from multiple parties whose negligence contributed to your injuries.
The causes of a truck accident can be complex, and if you have been injured, you need an experienced attorney who can help you establish the facts and hold all negligent parties accountable. At Mevorah & Giglio Law Offices, we will work hard on your behalf to achieve the outcome that you deserve. Contact our DuPage County personal injury lawyers today for a free consultation at 630-755-6426.
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