Cargo carried by a large commercial truck can easily weigh thousands of pounds. If an accident occurs due to negligence on the part of the driver, the truck owner, or the team who loaded the truck, it can easily cause catastrophic injuries or even death. If you suffered injuries in an accident with a cargo truck, a Naperville cargo truck accident lawyer may be able to help. Call Pintas & Mullins Law Firm at (800) 794-0444.
Responsibility for Cargo Loading
The Federal Motor Carrier Safety Administration (FMCSA) establishes rules and regulations related to the proper loading of cargo on commercial trucks. The FMCSA requires that trucks use special devices to secure cargo to prevent any type of shifting of cargo on or within cargo trucks to prevent accidents.
Section 392.9 of the FMCSA regulations states that the responsibility falls on both the motor carrier and the driver to ensure that drivers and companies load cargo properly and adequately. Both truck drivers and trucking companies must understand and comply with these cargo loading rules.
These regulations include securement instructions for every type of cargo such as pipes, lumber, vehicles, hazardous materials, heavy equipment and machinery, shipping containers, boulders, logs, metal coils, paper rolls, and other types of cargo. Violations of these FMCSA regulations regarding cargo loading can result in fines. If drivers or trucking companies ignore these regulations and an accident occurs, civil or criminal charges may result.
Types of Cargo Loading Issues That Lead to Accidents
Truck drivers have daily requirements to inspect and ensure that their cargo reaches the destination in a safe manner. If any cargo breaks free during transportation or shifts, the following accidents may occur:
Large trucks with cargo already have a higher center of gravity compared to a passenger vehicle. Shifts in cargo can cause trucks to turn over on their sides, causing rollovers.
A jackknife accident happens when the front cab of the truck stops while the back cargo section of the truck (also called the trailer) continues forward and creates a “jackknife.” This type of accident can sweep across several lanes of traffic and cause several collisions with vehicles or pedestrians.
Many cargo trucks carry hazardous materials that—if spilled—could cause serious injuries. Even if the cargo is not hazardous, cargo spilling out upon roadways may cause other drivers to swerve and possibly crash into one another. Additionally, the toxic, flammable, explosive, or radioactive material itself may cause additional injuries or death.
Defective Tie-Down Straps and Fasteners
Truck drivers or trucking companies will often take preventive and legally required measures to tie down the cargo inside of a cargo truck. The cargo, however, may move and shift regardless of their efforts. In these cases, devices or equipment used to secure the cargo may be defective. The law requires testing to determine that the tie-down straps and fasteners proved defective, and expert witnesses must testify in these cases.
If you believe you suffered injuries caused by a defective tie-down strap, fastener, or defective bungee cord, contact a Naperville cargo truck accident lawyer at Pintas & Mullins Law Firm at (800) 794-0444 to help you build your product liability case.
For a free legal consultation with a cargo truck accidents lawyer serving Naperville, call (800) 794-0444
Other Causes of Cargo Truck Accidents
In addition to the above, cargo truck accidents can occur for many of the same reasons that other truck accidents occur:
- Driver negligence.
- Truck company negligence, such as by scheduling drivers for too many hours.
- Maintenance company negligence, such as by improperly installing brakes or tires.
- Manufacturing defects, such as steering components that do not function properly.
These are not the only potentially liable parties after a cargo truck accident. Your lawyer can help you determine who may be held responsible for your injuries and protect your right to receive compensation for your losses.
Naperville Cargo Truck Accidents Lawyer Near Me (800) 794-0444
Potentially Recoverable Losses
While every accident is unique, the victims of cargo truck accidents may be able to seek awards that cover:
- Medical bills
- Prescription medications
- Mobility aides
- Lost wages
- Diminished earning capacity
- Pain and suffering
Wrongful Death Claims
If your loved one died due to falling cargo from a truck, you may have the right to file a wrongful death claim in the state of Illinois. Immediate family members such as spouses, parents, siblings, and children may be able to bring a cause of action for the death of their family member. The death of a loved one due to someone else’s negligence may have left your family without a source of income and the loss of consortium that is irreplaceable. Filing a wrongful death claim may help your family receive the compensation owed to them to deal with the unexpected expenses of your loved one’s wrongful death.
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Contact a Naperville Cargo Truck Accident Lawyer
If you were in an accident involving a cargo truck, you may have the right to receive compensation for your medical bills, pain and suffering, lost wages, or property losses. If your loved one died due to a cargo truck accident, you may have the right to file a wrongful death claim on their behalf.
A Naperville cargo truck accident lawyer can help you pursue the compensation you deserve. Call Pintas & Mullins Law Firm at (800) 794-0444 for a free consultation to learn more about your rights.