A truck carrying cargo can weigh tens of thousands of pounds. When all that tonnage is not properly secured, many bad things can happen. A study by the AAA Foundation showed that cargo falls contributed to more than 200,000 accidents between 2011 and 2014. Improperly secured cargo remains a widespread problem despite the strict cargo securement laws in place. Have you or someone you love been involved in a trucking accident caused by failure to secure cargo? Our attorneys at Steelman Gaunt Crowley understand the devastating impact a truck accident can have on the victim and their family. With a history of accomplishment since our law firm was founded in 1993, we are committed to fighting for our clients’ rights and securing the fair and full compensation they need and deserve. Call (573) 341.8336 to request a free consultation.
Cargo Securement Laws
Cargo securement laws in the United States are regulated by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA’s regulations cover a wide range of requirements, including how cargo should be restrained and secured on vehicles to prevent shifting and falling off during transport. These regulations apply to all cargo-carrying commercial vehicles operating in interstate commerce.
Some of the key cargo securement requirements include:
- Cargo securement standards. The FMCSA mandates that all cargo must be secured in such a way that it cannot shift upon or within the vehicle to the extent that the vehicle’s stability or maneuverability is adversely affected.
- System components. Components used in the securement system (including tie-downs, shoring bars, and anchor points) must meet specific performance criteria.
- Tie-down requirements. There are detailed requirements for the number, strength, and placement of tie-downs used to secure various types of cargo.
It takes someone with experience to determine whether cargo was properly secured or not. With more than 50 years of combined legal experience, our team of attorneys at Steelman Gaunt Crowley has accumulated a strong knowledge of the many FMCSA regulations in place, including cargo securement rules, and know how to investigate the root cause of a client’s trucking accident.
The Risks of Improperly Secured Cargo on Trucks
The risks associated with failure to secure cargo are not just a concern for truck drivers but for every other road user sharing the road with trucks.
Jackknife Trucking Accident
Imagine a fully loaded truck – with its cargo improperly secured – making its way down a bustling highway. Suddenly, the cargo shifts. This seemingly minor event can have catastrophic consequences, including causing the vehicle to jackknife into oncoming traffic. The physics behind a jackknife accident is straightforward yet terrifying. When cargo shifts, it can alter the truck’s center of gravity, leading to a loss of control. The trailer swings out, forming an acute angle with the cab. Not only does this pose a significant risk to the truck driver, but it also becomes an immediate danger to all nearby vehicles.
Cargo Falling Off the Truck
Another alarming scenario may occur when cargo falls off the truck. Depending on the size and type of cargo, it can hit a vehicle directly or create an obstacle that drivers must swerve to avoid. When attempting to dodge unexpected obstacles, drivers can crash into other vehicles or roadside barriers, leading to multi-vehicle pile-ups or single-car accidents. The risks are heightened when the cargo involves dangerous materials, such as flammable liquids. A single canister falling from a truck can lead to a fire or explosion, endangering lives and causing immeasurable property damage.
Rollover Accidents
Improperly loaded cargo can create a weight imbalance, making the truck difficult to steer and prone to rolling over, especially when navigating sharp turns or sudden stops. Rollover accidents are among the most dangerous truck-related incidents, often resulting in life-altering injuries or fatalities. They can also block the roadway, creating additional hazards for unsuspecting drivers.
Loss of Control and Increased Blind Spots
Cargo shifts can cause the truck driver to lose control of the vehicle, leading to unpredictable and potentially disastrous situations on the road. Improperly secured or overloaded cargo may also create additional blind spots for the truck driver, increasing the possibility of a trucking accident in which the trucker fails to notice a vehicle lingering in the blind spots.
Liability for Failure to Secure Cargo Trucking Accidents
When cargo on a truck is not properly secured, and an accident occurs, multiple parties could potentially be held liable. These parties typically include:
- Truck driver. Truck drivers are legally required to inspect their cargo, ensuring it’s securely fastened and won’t pose a risk to anyone on the road during transport. Despite these regulations, mistakes and oversights happen, leading to accidents caused by shifting or falling cargo.
- Trucking company. Trucking companies have a duty to ensure that their vehicles are safe to operate and that their drivers are properly trained in cargo securement procedures. They must also adhere to the FMCSA regulations, which outline specific requirements for securing cargo. If a trucking company neglects these responsibilities, it can be held accountable for the resulting harm.
- Loader. The responsibility of loading and securing cargo may also fall on a separate party, known as the loader. These individuals or entities must follow industry standards and regulations to ensure that cargo is safely loaded onto the truck. If an accident occurs because the cargo was improperly loaded or secured, the loader can be held liable if they deviated from the cargo securement rules.
- Manufacturers. At times, the problem may not be how cargo was secured but what equipment was used to secure it. Defective straps, chains, or other securement devices can lead to cargo becoming unsecured during transport. In these cases, the manufacturer of the truck or the cargo securement equipment may be held liable under product liability laws.
Identifying who was liable for a failure to secure cargo trucking accident and holding them accountable may be challenging on your own. That is why you might want to consider working with an attorney to make this process easier and more straightforward.
Learn More About Your Legal Rights from an Experienced Truckin Accident Attorney at Steelman Gaunt Crowley
If you or someone you care about has been involved in a trucking accident where improper cargo securement played a role or was the root cause, you might need legal help to recover compensation. Our attorneys at Steelman Gaunt Crowley can assist you in investigating your accident, identifying liable parties, and pursuing the maximum compensation to which you may be entitled. Call (573) 341.8336 to schedule a free consultation.
