There are countless ways that a commercial truck driver can cause an accident—which is part of the reason why it is so important that they have a commercial driver’s license and all necessary certifications depending on the nature of their cargo, size of their vehicle, and more. Like truck accidents due to drug and alcohol abuse, those caused by improper loading can cause catastrophic injuries and death. It is imperative that truckers and trucking companies ensure that their vehicles are loaded in a safe, proper manner. A poorly loaded trailer can cause a commercial truck accident.
At Bernheim Kelley, our Fort Lauderdale truck accident lawyer is a skilled and experienced advocate for injured victims. We have the professional knowledge and proven legal expertise to take on improperly loaded truck accident claims. If you or your loved one was hurt in a collision caused by a poorly loaded trailer, we are more than ready to help. Contact us today to arrange a no-cost, no-obligation initial consultation.
What are the Rules for Loading Cargo on Trucks?
A fully loaded tractor-trailer can haul up to 80,000 pounds or the equivalent of roughly 25 VW Beetles. As you can imagine, it is extremely important that this cargo is properly secured inside the trailer, and that the team responsible for loading it takes care to arrange the cargo to keep the center of gravity as low as possible. If a truck driver were to take a turn with 80,000 pounds of cargo shifting around in the trailer, or if the cargo was packed to be top-heavy, it would be extremely easy for the truck to lose control and jackknife or rollover. Here are some key regulations for cargo loading:
Cargo Securement: First and foremost, there are comprehensive federal cargo securement requirements in place that are designed to ensure that trailers are properly loaded. (5.1.3 Cargo Securement (393.100)).
Maximum Load Limits: Truck companies must comply with maximum load limits. Beyond that general 80,000 pound limit, many roads in Florida have even lower limits.
Commodity-Specific Rules: There are certain types of loads that are potentially hazardous. Trucking companies must comply with all applicable commodity-specific rules.
Commodity-Specific Requirements to Prevent Truck Accidents
Here are some commodity-specific commercial trucking load regulations to be aware of:
Hazardous Materials: Trucks transporting hazardous materials must adhere to strict guidelines including proper labeling, packaging, and handling. Specialized training is required for drivers to ensure safe transport.
Livestock: Trucks carrying livestock need to consider animal welfare and weight distribution. Adequate ventilation, temperature control, and secure enclosures are essential to prevent animal distress and movement, which could lead to accidents.
Perishable Goods: Refrigerated trucks or “reefers” transporting perishable goods like food must maintain appropriate temperatures and hygiene standards. Ensuring proper packaging and stowing prevents cargo shifts, a common cause of accidents.
Oversized Loads: Trucks hauling oversized loads such as construction equipment or machinery must have proper permits, routing, and escort vehicles if necessary. These regulations ensure the safe maneuvering of the truck and prevent collisions.
How Does Improper Loading Lead to Truck Accidents?
Improper loading of cargo can lead to imbalanced trucks, causing difficulty in steering and increased risk of rollovers. Beyond that, overloading or uneven distribution of weight makes the vehicle unstable, affecting its maneuverability and increasing the braking distance.
Possible Defendants in a Truck Accident Lawsuit Due to Improper Loading
Every semi-truck accident caused by an improperly loaded trailer requires a comprehensive investigation. A number of potential defendants may bear fault for the crash, including:
The truck driver;
The trucking company;
The cargo loader or loading company;
The cargo owner or shipper; and
A third-party contractor involved in loading operations.
Common Causes of Improperly Loaded Truck Accidents
Truck crashes happen for many different reasons. There are accidents caused by truck driver fatigue and truck accidents due to negligent maintenance. Collisions caused by improperly loaded trailers are a unique type of crash. Here are some of the most common causes of these accidents:
Loose Cargo: Improperly secured cargo can break free during transit, creating road hazards that can cause accidents, damage to vehicles, and potential injuries to motorists.
Overturned Trailer: An improperly loaded trailer can cause imbalance, making the truck susceptible to overturning during maneuvers like turns, posing significant risks.
Jackknifed Truck: Incorrect weight distribution due to improper loading can result in a jackknifed truck, where the trailer swings out, thereby leading to multi-vehicle collisions.
Rear-End Collision: Poorly loaded trucks may have unpredictable stopping patterns, increasing the likelihood of rear-end collisions. usually due to increased braking distances.
Failure to Maintain Lane: A poorly loaded truck may struggle to maintain its lane, causing the driver to unintentionally drift or make sudden corrections.
Loading Requirements for Different Types of Commercial Trucks
Different types of commercial trucks are subject to different types of loading requirements. Here is a basic overview of some of the most notable safety standards:
Flatbed Trucks: Flatbeds require the securement of cargo to prevent shifting or falling during transport. Loads must be well distributed and tied down using proper restraints.
Refrigerated Trucks: For trucks transporting perishable goods, ensuring the correct temperature is maintained is crucial to prevent the shifting of goods.
Tanker Trucks: Transporting liquids or gasses requires special attention to prevent sloshing or imbalance. The tank must not be overfilled.
What Should I Do If I Was in a Truck Accident?
Take proactive steps to protect your health, safety, and legal rights.
Stop your vehicle and report the semi-truck accident to law enforcement.
Be sure to seek immediate medical attention—an emergency takes priority.
You should try to carefully document the crash.
Before you give any statement to an insurance company, consult with a personal injury lawyer in Fort Lauderdale.
Why Trust Bernheim Kelley for a Truck Accident Claim in Florida
At Bernheim Kelley, we are more than just a law firm. We act as your personal advocates in your personal injury case. Our top priority is your well-being, and we ensure that you receive constant, one-on-one support and communication directly from experienced attorneys. By choosing us, you are choosing a dedicated, personal approach to handling your case. Our mission is to help you achieve justice, and we put your unique needs first.
In order to determine who pays for the accident, we will need to first determine who was responsible for loading the cargo, and whether or not the truck driver was supposed to verify and sign off on the load before hauling it. Ultimately the commercial insurance company representing the responsible party will pay for the damages, but before we can even initiate a claim, we will need to establish fault. At Bernheim Kelley, we fight hard to help truck accident victims get the best possible results. Our firm offers free, comprehensive consultations to victims and families.
Contact Our Florida Improperly Loaded Truck Accident Lawyer Today
At Bernheim Kelley, our Florida semi-truck accident attorneys have deep experience handling improperly loaded trailer claims. Contact us today to set up your free, fully confidential initial consultation. With law offices throughout the state, we are well-positioned to take on all types of commercial truck accident claims.