Most people don’t associate improper cargo loading with truck accidents. But this problem happens far too many times and changes lives forever. An attorney can help you get the money you deserve if you’ve suffered a severe injury due to negligent loading.
Talk to Penn Kestner & McEwen right away to learn more about how we may be able to help. We’ll keep you fully informed throughout your case and do everything we can to ensure justice prevails. Contact us online for a free case evaluation, or call (800) 732-3070.
Improper Cargo Loading Can Cause Serious Truck Accidents
Improper cargo loading is a significant cause of severe truck accidents. When cargo is not loaded correctly, it can shift during transit, causing the truck to become unbalanced and unstable on the road. This loss of balance can lead to problems such as a rollover or jackknife accident because the driver loses control.
Improper cargo loading can also cause overloading, putting excessive stress on the truck’s tires and suspension system, increasing the risk of tire blowouts and other dangerous incidents. In addition, poorly secured cargo can become dislodged from the truck during transit, creating a hazard for other drivers on the road.
Cargo loaders must follow proper procedures and ensure that cargo is loaded and secured safely and securely to prevent these accidents. When they fail to use equipment such as tarps, straps, and tie-downs to keep cargo in place and prevent it from shifting, horrible accidents can occur.
Potential Liable Parties
Lost cargo truck accidents can have several potentially liable parties. Depending on the specific circumstances of the accident, one or more of the following parties may be responsible for compensating victims:
The Truck Driver
Truck drivers can be liable for lost cargo truck accidents in several ways. If the driver was driving negligently or breaking the law at the time of the accident, they might be held responsible for any resulting damages. Examples of driver negligence include:
- Driving while fatigued or under the influence of drugs or alcohol.
- Failing to ensure the cargo was safely secured before getting on the road.
- Driving too fast for the conditions of the road.
- Failing to follow traffic laws and regulations, such as failing to yield or making improper lane changes.
The Trucking Company
If the company employs the truck driver, it may be held responsible for any damages caused by the driver’s negligence or illegal actions. Suppose the driver has a history of driving under the influence or traffic violations. In that case, the trucking company may be responsible if it hired the driver anyway and the driver causes an accident.
The trucking company may also be liable for failing to properly train its drivers on cargo securement and how to operate the truck safely.
The Cargo Loaders
Cargo loaders can also be liable for lost cargo truck accidents in several ways. If they didn’t properly secure the cargo, causing it to shift during transit, that could result in a loss of control. The company that loaded the cargo can also be held responsible if it overloaded the truck beyond its weight capacity. Overloading can cause the truck to become unbalanced, making it difficult to control and increasing the risk of an accident.
In addition, if the cargo loaders failed to follow proper safety procedures and guidelines, they may be held responsible for any resulting damages. For example, if the cargo loaders didn’t stack the cargo properly, the truck would be at a higher risk of tipping over.
Understanding Multi-Party Liability and How it Affects Your Case
When a single accident involves multiple parties, it complicates liability. The truck driver, the trucking company, the cargo loaders, and even the manufacturer of the truck or its parts may have played a role in causing the accident to occur.
In these cases, it’s essential to have an experienced attorney who can help you navigate the complex legal issues involved and protect your rights. An attorney can help you gather evidence, negotiate with insurance companies on your behalf, and work to ensure that you receive full compensation for your damages.
Receiving Compensation After an Accident Caused by Improper Cargo Loading
If an improperly loaded truck accident caused your injuries, you may be entitled to compensation for your damages. Damages include medical expenses, lost wages, and pain and suffering. However, to receive full and fair compensation, you’ll need the help of an experienced attorney who can protect your rights.
You’ll need to demonstrate other parties were at fault for the accident and that their actions were a direct cause of your damages to receive compensation. Proving your case will require a thorough investigation, which can be time-consuming and challenging.
Factors that Determine Your Settlement Amount
The settlement amount you receive after an accident depends on several factors. Those factors include the severity of your injuries, the length of your recovery, and the financial losses you have suffered. Other factors that may impact your settlement amount include:
- Liability: The settlement amount will depend on who was at fault for the accident and the extent of their liability. The court may apportion responsibility for paying the settlement if multiple parties are responsible.
- Evidence: The strength of the evidence in your case will also play a significant role in determining your settlement amount. This evidence includes medical records, eyewitness statements, and other types of evidence demonstrating the nature and extent of your injuries and their impact on your life.
- Negotiations: Your settlement amount will also depend on the negotiations between your attorney and the responsible party’s insurance company.
- Precedent: The outcome of similar cases in the past can also impact your settlement amount. Your attorney may use precedents to negotiate a higher settlement on your behalf.