When cargo is not loaded or secured properly, it can fall off the truck or cause the truck to rollover, which can lead to catastrophic accidents.
Not only do commercial trucks need to be driven safely, they must also be loaded properly.
Unfortunately, many truck accidents are the result of improper loading methods. When cargo shifts, it can either fall out of the back of trucks or it can cause the truck to topple over or swerve. To counteract that problem, it is a requirement of the trucking industry that commercial motor vehicles have equally distributed cargo that is adequately secured.
When it comes to truck accidents and improperly secured cargo, there are laws set forth by the FMCSA. The Cargo Securement Rules by the FMCSA have been adapted based on the North American Cargo Securement Standard Model Regulations and have been in place since January 1, 2004. All rules are based on a multi-year research program that evaluated cargo securement in both the U.S. and Canada. In general, the rule requires motor carriers to change the way that they secure their cargo.
The rule states that the cargo must be "firmly immobilized or secured" on the vehicle by tie downs or another structure of adequate strength, shoring bars, or any combination of these. Inflatable bags, called dunnage bags, can be used in addition to fill space between articles of cargo. A truck driver must meet a certain minimum of tie downs depending upon the length and weight of their cargo. Commercial trucks carrying certain types of cargo have specific rules regarding cargo securement as well.
On average, trucks can weigh up to 80,000 pounds—making them treacherous enough on their own. When they are dealing with improperly loaded cargo, the situation is all the more dangerous.
Learn the DangersAt Arnold & Itkin LLP, we can help you understand your rights if you have been suffered from unsecured cargo or an improperly loaded truck. Due to a truck's large size, improperly secured cargo can mean a devastating truck accident. Individuals involved in an accident caused by falling or loose cargo often suffer catastrophic injuries or serious damage to their passenger vehicle.
Therefore, cargo securement is one of the most important aspects of truck safety.
When you contact Arnold & Itkin, you will be able to speak with a truck accident attorney who is skilled in handling cases such as this. Negligence is rampant in the trucking industry, but that does not excuse any negligent action. It is for this reason that our law firm is dedicated to fighting on behalf of victims injured in commercial truck accidents nationwide.
Don't hesitate to contact us even if you are unsure whether or not you are entitled to an injury claim.