How Unsecured Loads Can Cause Truck Accidents

Commercial trucks need to be carefully loaded and cargo properly secured before moving freight. Errors and negligence in these procedures can prove disastrous. Objects can fall into the road, the truck may tip over, and the driver could lose control. You may be entitled to compensation if you were injured in an unsecured load truck accident.

The Phoenix truck accident lawyers at Burg Simpson have extensive experience advocating for victims and holding defendants accountable. Our emphasis on trial preparation is often advantageous when bringing claims against trucking companies and other negligent parties.

Proving negligence in an unsecured load truck accident claim requires an in-depth understanding of the federal regulations for cargo loading and securement. We rigorously investigate, collect evidence of the defendants’ failure to uphold safety rules, and pursue justice for your injuries and damages.

For a FREE case evaluation, call Burg Simpson at 602-777-7000 today. Our truck accident attorneys serve clients in Phoenix and throughout Arizona.

What Does ‘Unsecured Load’ Mean?

An unsecured load consists of cargo that is (a) improperly placed on the truck and/or (b) not securely fastened after loading. The Federal Motor Carrier Safety Administration (FMCSA) has enacted rules for the proper securement of cargo.

Likewise, Arizona law requires drivers to secure loads to prevent “dropping, sifting, leaking or otherwise escaping from the vehicle.” Both the load and any coverings must also be securely fastened (see Arizona Revised Statutes § 28-1098). Violations of FMCSA and state rules can result in cargo being unsecured.

Trucks with unsecured loads are more difficult to control because the cargo can shift while being transported. Unsecured cargo can also fall out of or off of the truck and into the roadway, creating hazards for other drivers.

Research by the AAA Foundation for Traffic Safety shows that road debris leads to tens of thousands of accidents and injuries every year, as well as 125 deaths on average. Most of these accidents happen on interstate highways, where commercial trucking is prevalent.

How Unsecured Cargo Can Lead to Trucking Accidents

Unsecured loads are considered a hidden danger in truck accident claims. Thorough investigation is critical for identifying potential errors in the loading and securement of freight and establishing their role in the crash.

Cargo that is improperly loaded and secured can contribute to a semi-truck accident in several different ways:

• Shifting weight inside the trailer: Cargo that shifts in transit can disturb the distribution of weight on or inside the truck. This can cause the truck to jackknife, sway, or tip. All of these motions can lead to serious accidents with other vehicles.
• Increased stopping distance: Loose objects may move to the front of the trailer. The added weight behind the cab can make the rig more difficult to stop, potentially resulting in a rear-end collision.
• Excess wear on tires and brakes: Unsecured loads can put excess strain on one side of the vehicle. Tires and brakes are more likely to fail if they wear unevenly.
• Falling cargo: Items falling off a flatbed truck can turn into dangerous projectiles, while cargo may spill out of an improperly secured trailer in the event of a wreck. Drivers may be struck by or forced to swerve to avoid these hazards, both of which can lead to serious crashes.
• Overloaded cargo: Sometimes cargo is improperly loaded and the load exceeds federal weight limits. The combination of excess weight and poor distribution of the weight across the axles makes the truck harder to control and more likely to overturn.
• Hazardous material spills: Additional caution must be taken when transporting fuel, chemicals, and other hazardous materials. Failure to secure this cargo can lead to spills which may cause severe burns and other serious injuries.

People can get hurt or even killed when companies skip steps and fail to make safety a priority. It is vital to explore your legal rights if you or someone you love was harmed as a result of a truck accident caused by an unsecured load.

Who Is Liable for Unsecured Load Accidents?

Responsibility for a truck’s cargo often falls on multiple parties. Skilled truck accident attorneys will review documents such as the shipping manifest, bill of lading, and inspection reports to identify all of the defendants in your case. These may include:

• Trucking companies: Carriers may be held liable for the negligence of their drivers, as well as failing to secure loads or provide drivers with necessary training and supervision.
• Shippers and loaders: Third-party companies that load cargo on the truck are responsible for using ties, shoring bars, and other equipment to keep loads secured and contained. If they fail to follow these practices, the shipper or loader may face liability for a subsequent wreck.
• Brokers: Freight brokers may face liability for accidents if they are negligent in hiring a driver to move their client’s cargo.
• Manufacturers: Sometimes the presence of an unsecured load is exacerbated by defective parts and components. The manufacturer of a faulty part may be sued if their product contributed to the truck accident.
• Truck drivers: Commercial truck drivers are responsible for inspecting and securing cargo before operating the rig and at set intervals during the trip (see 49 C.F.R. § 392.9). Negligence can result in them driving with unsecured cargo, potentially culminating in a serious crash.

Arizona uses a several liability standard in assessing fault for injuries when multiple defendants are involved. Each defendant is responsible solely for their share of damages, unless a person was “acting as an agent or servant” of another party (see Arizona Revised Statutes § 12-2506). This is an important distinction in truck accident claims, as it may allow for an employer to be held liable for an employee’s actions.

What to Do After an Unsecured Load Truck Accident

The steps you are able to take will depend on the circumstances of the crash. People trapped in a vehicle by a falling semi will need to be extracted by first responders and likely taken to the hospital. Those who are struck by a falling object may be rattled and potentially injured by the debris or a collision with another vehicle.

If possible, you should try to do the following if you were in a wreck with an 18-wheeler or crashed because of unsecured cargo:

1. Call 911 if you or anyone else is injured.
2. Receive medical care for your injuries at the scene. You should also go to the emergency room ASAP for further evaluation.
3. Document the accident by taking photos and speaking to witnesses.
4. Get the truck driver’s name, contact information, insurance coverage, DOT number, and the name of their employer.
5. Look for identifying marks and logos on the truck, trailer, and any cargo.
6. Contact a truck accident lawyer in Phoenix.

Obtaining legal representation is vital. Insurance companies may try to contact you, ask you to make a statement, and even offer a settlement. Communicating with insurers on your own is a mistake, but an attorney can ensure that your rights are protected.

How a Phoenix Truck Accident Lawyer Can Help

Unsecured load truck accidents are often preventable. Trucking companies, shippers, and other parties have a duty to follow federal regulations, state laws, and industry best practices when loading cargo. Proper use of straps, chains, blocks, and other equipment to secure loads can keep a semi-truck upright and prevent crashes. Failure to do so can result in serious injuries and even fatalities.

At Burg Simpson, we know the dangers posed by unsecured cargo and objects in the roadway. Our attorneys aggressively pursue maximum compensation on behalf of the victims of tractor-trailer accidents. We have obtained more than $2 billion in results for our clients.

Learn How Burg Simpson Can Help

Our team draws upon extensive knowledge of commercial trucking regulations and a network of experts to prove fault. We begin preparing your case for trial on day one. This ensures that our lawyers can secure the settlement or trial award you deserve.

Call Burg Simpson’s Phoenix office at 602-777-7000 if you or a member of your family was harmed in an unsecured load truck accident. Your initial case evaluation is FREE, and you do not pay fees until your case is successfully resolved.