How cargo is loaded onto a tractor-trailer matters every bit as much as how the operator drives the truck. In fact, if the cargo is not loaded properly, the truck driver may be at risk of a serious truck accident. When that happens, you may be entitled to financial compensation. You can sue either the trucking company or the third party that loaded the cargo onto the truck, and in some cases, you may be able to sue both parties. First, you need to contact an experienced truck accident lawyer to represent you in the legal process.
Improperly Loaded Cargo Can Cause a Serious Accident
It is crucial that a truck is able to maintain its center of gravity when it is on the road. Much of this depends on how and where the cargo is loaded onto the truck. A fully loaded tractor-trailer weighs up to 80,000 pounds, and much of that is the cargo. When items are loaded onto a truck, they must be properly secured and centered in a way that there is not too much weight on one side of the truck.
If the cargo is improperly loaded, it increases the risk of a rollover accident. The trailer of the truck can flip onto its side on the roadway. In the process, vehicles that are in the vicinity could be struck by the trailer or end up in the path of an overturned truck.
In addition, improperly loaded cargo could also cause a jackknife truck accident. This type of accident occurs when the trailer and the cab turn at a 90° angle to each other. When a tractor-trailer jackknifes, it can also strike other vehicles in the vicinity.
Cargo Can Fly Off a Truck When It Is in Motion
There are federal regulations that govern how cargo is secured on the trailer. The cargo must be immobilized using securement devices, such as ties. Cargo securement systems must meet certain performance criteria in the event of acceleration or deceleration. Further, the truck driver must visually inspect their cargo before they begin a shift to ensure that it is properly secured.
Cargo that flies off a tractor-trailer when it is in motion can present a serious danger to other motorists. First, a driver can be struck by flying cargo at high speed. The forces of motion mean that the impact will be magnified. Second, cargo can spill onto the roadway, making the surface hazardous or slippery. Drivers may not be able to avoid the cargo if they are passing by the area right after it has spilled onto the roadway.
Proving Legal Responsibility for a Cargo-Related Truck Accident
You may not be able to prove how and why the cargo caused the truck to overturn or spill out onto the roadway. The good news is that there is a legal concept in operation that means that you may not have to prove negligence in an accident caused by improperly loaded cargo. For example, if your car was struck by cargo that flew off the truck, you may be able to argue that it was negligence per se. Certain things are never supposed to happen, and the mere fact that they occurred could be evidence of negligence in itself. You may even qualify for punitive damages if you can show that the trucking company acted in an egregiously careless manner.
Contact the Brooklyn Truck Accident Lawyers at Rubenstein & Rynecki Today to Get You the Compensation That You Deserve
If you have been injured in an incident caused by cargo or any other type of crash involving a commercial vehicle, get legal help from the Brooklyn truck accident lawyers at Rubenstein & Rynecki. Our truck accident lawyers make it their mission to fight for you to get the maximum possible compensation for your injuries. You can schedule a free initial consultation with one of our truck accident lawyers by calling us today at 718-522-1020 or submitting our online contact form. With our office located in Brooklyn, New York, we proudly serve clients throughout New York City, including Brooklyn, The Bronx, Manhattan, Queens, and Staten Island.
