Attorneys for Accidents Due to Falling Cargo From Trucks
Overloading or improperly loading commercial truck vehicles can often lead to devastating accidents that injure or take the lives of many innocent victims. If the driver and trucking company were negligent in loading cargo onto the commercial vehicle that results in an accident, victims can pursue financial compensation to receive full recovery for their damages, losses and injuries.
Cargo that is not loaded properly and secured according to federal and state regulations can cause serious falling cargo accidents in numerous ways. Overloaded cargo on the trailer or truck often adds significant weight to a vehicle that is already oversized, causing it to become top-heavy. The additional weight increases the potential of the truck overturning, rolling over, or jackknifing onto other traffic sharing the road. These types of accidents typically involve multi-vehicles that frequently result in catastrophic injuries and death.
In addition, improperly loaded or overloaded cargo can easily shift while the truck is in motion. Many falling cargo accident lawsuits involve loads that fell off the truck and left debris on the road or fell directly onto nearby vehicles. Some objects that shift during transport include tree logs, appliances, heavy pipes, and automobiles. Even small items falling off the truck can be dangerous and cause instant obstructions on the roadway, forcing other drivers to make dangerous and quick maneuvers to get out of the way.
Truck Loading & Securement Laws to Help Protect Motorists
Every trucker and trucking company traveling in the United States is required by law to follow the rules and regulations set forth by the FMCSA (Federal Motor Carrier Safety Administration). These protection laws are designed to ensure the safety of others by setting guidelines to properly load commercial vehicles.
The regulations work as an effective tool to diminish the number of serious accidents caused by shifting cargo, unsecured loads or falling debris from trucks traveling on the nation’s highways, roads, and streets. Some specific regulations include:
- Dunnage and Dunnage Bags – All cargo is to be firmly secured in place on or inside the vehicle using structures designed to firmly hold the load. This includes using dunnage and dunnage bags along with shoring bars and tie-downs.
- Roll Protection Equipment – Any load with the potential of rolling must be securely restrained by using cradles, chocks or wedges.
- Tie Down Restraints – All items, equipment, parcels, and boxes must be secured and
restrained in place using minimally required tie-downs.
- Special Purpose Vehicle Restraints – Large commercial rigs designed to carry unusually heavy or awkward sized cargo must secure the load using specialized restraining systems. These special-purpose vehicles transport concrete beams, long steel sections, crane booms, heavy machinery, and other large objects.
- Commodity-Specific Restraint – Concrete pipes, metal coils, blogs, automobiles, and heavy vehicles in transport must be secured using commodity-specific restraint requirements as mandated by federal law.
Additionally, any commercial truck vehicle that carries cargo extending beyond the vehicle’s width or projects farther than four feet off the rear of the rig must have attached colored lighting to indicate objects are overhanging.
Pursuing Compensation for Injuries Related to Falling Truck Cargo
The catastrophic consequences of falling cargo in a truck accident caused by improper loading or overloading often leads to devastating serious injuries and wrongful death. In many incidences, the victim or their surviving family members suffer the emotional trauma that can last a lifetime.
The falling cargo accident attorneys at Rosenfeld Injury Lawyers are experienced in handling truck injury cases throughout Illinois. Our team of attorneys has assisted victims and their families affected by these horrific accidents. Our law firm fights aggressively for our clients to obtain compensation to fully recover their financial expenses that include:
- The cost of hospitalization, medical care, rehabilitation treatments, and physical therapies.
- Lost wages and the loss of the ability to work in the future.
- Non-economic damages including mental anguish, emotional distress, pain, and suffering.
- Recovery of funeral expenses and burial costs in wrongful death cases.
In some falling cargo cases, our reputable commercial truck accident attorneys will seek punitive damages against negligent truck companies and drivers responsible for the accident.
No amount of financial compensation can erase the physical, emotional, and mental trauma caused by the commercial vehicle accident. However, successful claims and lawsuits for recompense can ensure victims or their surviving family members obtain justice by holding those responsible legally accountable for their negligence.