Commercial vehicles such as tractor-trailers, flatbed trucks, tanker trucks, and car carriers transport heavy loads. The cargo must be balanced and firmly secured to prevent it from shifting in transit. An improperly secured load poses a serious hazard. It could shift or fall off a truck into the road and cause a severe accident.
The St. Louis truck accident attorneys at Craig, Kelley & Faultless LLC understand how unsecured cargo can cause life-altering accidents. We fight for the rights of those who have been harmed by the negligent actions of a trucking company, cargo loading company, truck driver, or other entity. We have successfully handled many truck accident cases in Missouri, Indiana, and across the Midwest.
Two of our founding partners are among a select group of attorneys who have achieved the distinction of earning Board Certification from the National Board of Trial Advocacy in commercial truck accident law. Attorneys David Craig and Scott Faultless have extensive experience representing truck accident victims. We are ready to put our experience and resources to work for you after a serious truck accident. Contact us online or call (314) 367-2661 for a free case evaluation.
When Do Unsecured Cargo Truck Accidents Occur
Trucking companies operating in interstate commerce must follow the Federal Motor Carrier Safety Administration’s rules for cargo securement. The tie-downs and securement systems used by a trucking company, such as chains, steel strapping, synthetic webbing, and rope, must be capable of withstanding the forces of acceleration and braking to keep the cargo immobilized. Cargo loaders must receive thorough training and have sufficient supervision to ensure that all cargo is properly loaded and secured before a truck is allowed to leave the warehouse or loading dock.
If a cargo loader is inexperienced, distracted, tired, intoxicated, or otherwise incapable of doing their job responsibly, the cargo they’ve loaded may shift during transport and pose a serious risk to others sharing the road. The companies that employ cargo loaders must hire, train, and supervise their employees to ensure that trucks and the cargo they haul are safe for the road.
Types of Cargo Load Issues that Lead to Truck Accidents
Some of the most common types of cargo that can cause truck accidents:
- Heavy equipment – Many large trucks carry heavy equipment, such as large construction equipment, windmill turbines, fabricated steel beams, and industrial machinery. If these items break loose, they could cause devastating damage.
- Material spills – If a load of timber falls from a logging truck, it can create a serious road hazard. Any motorists driving within the vicinity of the truck could be affected.
- Chemical spills – One of the most dangerous types of cargo spills involves hazardous substances. If a trailer full of combustible or flammable materials spills onto a highway, toxic gasses and fumes may be released. The drivers of tanker trucks that transport hazardous liquids or gases must have additional training because the loads can shift and cause a truck to overturn. Hazardous materials can cause fires and explosions, resulting in burns, severe disfigurement, and other life-threatening injuries.
If you have been injured in an accident caused by an improperly secured cargo, you may have a legal right to sue the trucking company and demand compensation for any losses you suffered.
Dangers of Unsecured Cargo
Unsecured cargo can shift while the vehicle is in motion, changing the truck’s center of gravity. A shifting load can affect the truck’s handling and cause the driver to lose control of the vehicle.
Unsecured cargo that falls onto the road can cause accidents injuring motorcyclists, cyclists, and pedestrians. While drivers of passenger cars and pickup trucks have airbags and the passenger compartment of the vehicle to provide some protection from falling cargo, motorcyclists, cyclists, and pedestrians do not. These individuals are even more likely to be injured or killed in a motor vehicle accident caused by a cargo spill.
Missouri Law on Unsecured Cargo
Trucking companies and cargo loaders are required by law to secure cargo properly. In addition to the federal requirements that apply to trucks used in interstate transportation, Missouri Statute 307.010 mandates that all motor vehicles and trailers carrying cargo that could become dislodged or fall into a roadway must have a protective cover or be adequately secured so that the load cannot come loose.
Proving Liability for an Unsecured Truck Load Accident
Proving liability after an unsecured cargo load accident in Missouri requires a thorough investigation by an experienced St. Louis truck accident lawyer. Depending on the circumstances of the accident, you may be eligible to pursue compensation from:
- The truck driver
- Trucking company
- Cargo loading company
- The maker of a defective cargo strap or device
Do Drivers Have to Inspect Cargo?
The driver is required to inspect the cargo in specific circumstances, according to Federal Motor Carrier Safety Administration (FMCSA) regulations. If the truck’s cargo compartment is “sealed” according to the FMCSA definition, the driver does not have to inspect the cargo. But if the cargo is readily accessible, they must check to ensure it was loaded and secured correctly. Drivers should be familiar with the cargo loading process and make adjustments as needed.
How Are Settlements Amounts Determined for Truck Accidents?
It’s impossible to estimate the value of an unsecured cargo injury settlement without knowing the full details of a particular case. In general, the more serious your losses, the more compensation you may be entitled to claim after an unsecured load accident caused by the negligence of others.
The primary factors that will influence the claims process are the other party’s degree of fault and the severity of your injuries. Depending on the injuries and other losses that you have suffered, you could seek compensation for medical expenses, lost income, pain and suffering, property damage, and more.
What Should I Do If Truck Cargo Debris Hit My Vehicle?
If your vehicle was hit by unsecured cargo, there are several steps you should take to safeguard your rights:
- Pullover and call 911 – Get to a safe location and call law enforcement to the accident scene. When the police arrive, they will investigate and draft an official crash report. This report will contain information about the accident, including a description of the damage to each vehicle, descriptions of injuries sustained by the victims, driver contact info, witness details, and an initial determination of fault
- Collect evidence – If possible, take photos of your injuries, the damage to your vehicle, and the unsecured cargo debris that hit your car. Having a visual record of the accident can strengthen your case. You should also ask any nearby witnesses for their contact information.
- Seek medical treatment – You should be evaluated by a medical professional immediately after the accident. The longer you wait, the more likely the insurance company will refuse to accept liability.
- Gather documents – Gather all documentation related to your case, including medical records, hospital bills, the police report, evidence you collected at the scene, and more
- Stay off social media – Don’t talk about the accident on social media. Insurance companies will look for anything you said about the accident and use it against you
You should consult with an experienced truck accident lawyer as soon as possible after the accident. Your attorney can investigate the accident to determine fault and begin working on your claim while you receive treatment for your injuries
How Can a Semi-Trailer Truck Accident Attorney in St. Louis, MO Help Me?
If you were injured in an accident caused by unsecured cargo, contact an experienced truck accident attorney. Your lawyer could help you by:
- Conducting a thorough investigation into the accident
- Collecting and preserving evidence that proves liability in your case, including black box information, truck driver logs, cargo loading company data, security camera footage, physical evidence from the accident scene, and more
- Determining who has financial liability for the accident
- Documenting and calculating your financial losses
- Handling all communications with the trucking company and its insurance company
- Negotiating a settlement that takes into account both your present and future medical expenses and losses
- Filing a lawsuit to seek compensation if a fair settlement cannot be reached
- Offering you sound legal advice based on experience and keeping you informed of every critical development in your case
Contact Our Experienced Truck Load Lawyer Today
Were you injured in an unsecured cargo truck accident in Missouri? The St. Louis truck accident attorneys at Craig, Kelley & Faultless are here to discuss your options.
Our law firm, founded in 1999, has extensive experience representing truck accident victims. Contact us online or call (314) 367-2661 for a free consultation with one of our St. Louis personal injury attorneys today.
