How To Prove a Truck Accident Was Caused by Improper Loading

Truck accident victims in Central Georgia can turn to the Dellacona Law Firm to seek justice against negligent parties. Who exactly is liable in these collisions? In some cases, freight companies and drivers can share responsibility, particularly when the vehicle is carrying improperly loaded cargo.

How can plaintiffs support this claim? What happens to those who survive truck accidents due to improper loading? Learn answers to these questions and more below.

How Can Cargo Loading Contribute to Truck Accidents?

Semi-trucks transport thousands of pounds of goods to all parts of the country. It’s up to freight operators to carefully fill the tractor-trailer with these items so they remain secure during the trip. Failing to load the truck properly could lead to disasters on the road, including:

• Rollover crashes: Big rigs can roll over if all the cargo is on one side. The uneven weight distribution could endanger the driver and other motorists.
• Spilled cargo: If professionals fail to secure items and an accident occurs, there’s a risk of products spilling onto the road.
• Loss of vehicle control: Drivers may lose control of the truck if the cargo affects how the vehicle turns and moves.

Collisions may occur due to driver negligence, defective auto parts, and other possible causes. Truck accidents resulting from improper loading raise liability questions and may be the subject of personal injury lawsuits.

Understanding Federal Trucking Regulations

It’s not a mere recommendation that freight companies and truck drivers secure items for transport. Federal regulations exist to prevent load shift accidents and ensure the safety of motorists.

The Federal Motor Carrier Safety Administration enforces various rules that trucking companies, drivers, and loading crews must follow. They include:

• Movement regulations: All items in a semi-truck must remain secure when the vehicle accelerates or decelerates. The slightest movement could throw off the truck’s center of gravity, making it difficult for drivers to retain control.
• Tie-down requirements: The FMCSA prohibits loaders from securing cargo with worn-out ropes or straps. All tie-down equipment must be in good condition for optimal safety.
• Attachment procedures: Loading crews have to follow federal standards for securing cargo in a big rig. They may need to secure all four corners of the pallets to the trailer or use other specific attachment points.

Depending on the type of items that drivers are transporting, there may be other regulations that crews must adhere to. For example, trucks carrying logs must use tie-downs in addition to other safety mechanisms. Any movement between the logs during transport can pose major safety risks to pedestrians, cyclists, and other motorists.

Evidence That May Help Determine Truck Accident Liability

Truck accidents resulting from improper loading can cause severe injuries to victims. But who is at fault, and how can you prove they’re liable? Before victims consider a potential truck accident settlement, they must focus on gathering evidence that will support their claim.

1. Witness Statements

Imagine a tractor-trailer rolls over while turning onto a busy intersection. Witnesses could see cargo spill out of the container and take note of any broken straps or tie-down equipment. Receiving witness statements can be crucial in determining the cause of an accident.

Perhaps a rollover happens on the highway, and several drivers report that the truck was speeding and consistently swerving between lanes. Based on their statements, driver negligence may have played a role in the crash, rather than cargo securement violations.

Lawyers advise victims to collect evidence at the crash scene, including photos and witness statements.

2. Police Reports

Police officers should respond to truck accidents caused by improper loading, distracted driving, and other factors. The report they create offers good insight into what caused the crash. A police report often documents the following:

• The day, time, and location of the crash
• Statements from eyewitnesses
• The contact information of the involved parties
• Road conditions at the scene of the crash

Some officers may make their own conclusions about the cause of the crash. If victims request a copy of the police report, their attorneys may use it as an official piece of evidence.

3. Equipment Safety Reports and Tests

Freight companies must use tie-in equipment that’s in good condition. What if the mechanisms used are recalled due to safety concerns, but a company continues to secure cargo with them? Legal professionals consider this and similar scenarios when trying to prove whether a truck accident is due to improper loading.

They may investigate equipment safety reports or recall announcements. A trucking company that ignores these concerns may be considered negligent in the event of a crash-related injury.

4. Professional Testimonies

Personal injury attorneys can also seek testimony from knowledgeable professional sources within the industry. These testimonies could shed light on whether trucking professionals acted negligently before the crash.

What Compensation Is Available for Victims?

Financial compensation is never a certain outcome for victims. However, if they collect substantial evidence supporting their claim, they might be able to recover damages, including funds to cover their:

• Medical bills: Treatment for accident-related injuries can turn costly. Personal injury settlements can ease the burden by compensating victims for their medical costs.
• Property damage: If someone’s car or other personal property becomes damaged in a crash, insurance settlements may allow them to repair or replace it.
• Lost wages: Injuries that prevent victims from working could create financial hardships, which is why lawyers advocate for settlements to replace lost wages.
• Pain and suffering: Surviving a truck accident can take a physical and emotional toll. Non-economic damages may be available for plaintiffs.

Choose the Dellacona Law Firm To Represent You in a Truck Accident Case

For victims of truck accidents due to improper loading, determining fault and holding the responsible party accountable can seem daunting. The Dellacona Law Firm is here to help. We assess truck accident liability and advocate for our clients at every stage of the litigation process.

Founding attorney Tracey Dellacona has years of experience representing those hurt due to truck accidents. To request a consultation, contact the Dellacona Law Firm at (478) 389-0548.