If any cargo shifts due to improper loading on a heavy freight truck, it can easily cause catastrophic accidents involving severe injuries or deaths on the roadways. If you suffered injuries in an accident with a large truck, contact an Orland Park cargo truck accident lawyer from Pintas & Mullins Law Firm at (800) 794-0444. We can help you navigate the challenging legal decisions you need to make to pursue a fair settlement offer during this stressful time.
Large trucks serve a vital role in our economy by providing options for the transportation of toxic chemicals and simple goods throughout America. However, even with so many large trucks on the roadways, there are still accidents that occur.
Federal Motor Carrier Safety Administration
The Federal Motor Carrier Safety Administration (FMCSA) has attempted to decrease the number of accidents related to large cargo trucks by establishing rules and regulations related to the proper loading of cargo. As an example, the FMCSA requires specific cargo securement devices that limit any type of cargo shifting on or within cargo trucks to prevent accidents. There are very specific instructions regarding loading and securement for different types of cargo such as:
- Metal coils
- Shipping containers
- Paper rolls
- Hazardous materials
- Heavy equipment
Any violation of FMCSA regulations can result in fines. If an investigation determines willful ignorance or recklessness regarding cargo loading, civil or criminal charges may result.
Responsibility of Truck Driver and Trucking Company
Under FMCSA regulation Section 392.9, the responsibility for correct cargo loading rests with both the truck driver and the trucking company. Both the trucking company and the truck driver must comply with all cargo loading rules in order to ensure that the risk of accidents is as minimal as possible.
Defective Tie Down Straps and Fasteners
Cargo is often secured using specific tie-down straps and fasteners. In most cases, a truck driver and the trucking company will secure their cargo correctly, and no accidents occur. However, there are some instances where the truck driver and trucking company take all legally required measures and the cargo still shifts within the truck and causes an accident. If the truck driver and trucking company prove that they followed all safety regulations and took all precautions to secure the cargo, the fault may rest with the manufacturer of the tie-down strap or fastener.
Determining if You Have a Product Liability Case
If a tie-down strap or fastener fails to work properly, and there is a trucking accident as a result of shifted cargo, the victim of the accident may have the right to file a product liability case against the manufacturer or any retailer in the supply chain with respect to the defective component, part, or equipment.
Product liability lawsuits based on a manufacturer’s negligence in placing a defective part or component into the stream of commerce will require a plaintiff to prove the following:
- The defective part was “unreasonably dangerous” according to established standards
- The cargo truck operated as the manufacturer intended
- The cargo truck performance never changed since the original and initial purchase
Product liability cases may not require proof of negligence if brought under a strict liability standard. However, even in these cases, the plaintiff must prove that the defect originated within the original manufacturing process in order to prevail.
Testimony, Proof, and Evidence
It is imperative that we organize an independent investigation regarding your accident in order to accurately determine that the fault of the accident rested with the defective part. Complex truck accident litigation requires thorough analysis and investigation. The sooner you obtain evidence related to your case, the more certain of the preservation of this evidence. Expert witness testimony regarding the securement of cargo, and expertise regarding defective parts and components will provide evidence to bolster your claim.
If you believe that your injuries in a cargo truck accident resulted from some sort of defective equipment, tie-down strap, fastener, or bungee cord, contact Pintas & Mullins Law Firm at (800) 794-0444. We can help you obtain and preserve critical evidence, hire expert witnesses, and examine and investigate your case to help you build a strong personal injury or product liability case. We want to keep you up-to-date at every point in your case. Once you retain our services, our staff is only a phone call away. Let us fight for you.
For a free legal consultation with a Cargo Truck Accidents Lawyer serving Orland Park, call (800) 794-0444
Wrongful Death Claims
Unfortunately, cargo truck accidents are often catastrophic and severe, and some victims do not survive the crash. In fact, over 650 people died in 2014 due to large trucking accidents, according to research conducted by the National Highway Traffic Safety Administration. If your loved one died in an accident with a cargo truck, you may have the right to file a wrongful death lawsuit. Family members may have the right to bring a lawsuit on behalf of accident victims under 740 ILCS 180/2.
Wrongful death claims are both legally complex and emotionally challenging for all parties involved. A wrongful death claim will never bring back a loved one. However, the compensation a family could recover after a wrongful death can help with:
- Medical bills
- Loss of income
- Loss of consortium
- Loss of future wages
- Pain and suffering
- Property damage
We may be able to help you pursue other types of awards, as well.
Orland Park Cargo Truck Accidents Lawyer Near Me (800) 794-0444
Contact Pintas & Mullins Law Firm Today
Truck drivers and trucking companies must comply with strict federal guidelines regarding loading cargo. If you or a loved one suffered injuries or lost their life in a cargo truck accident, and feel you need to discuss your legal rights and understand your next steps, contact an Orland Park cargo truck accident lawyer from Pintas & Mullins Law Firm at (800) 794-0444 for a free consultation.