While many motor vehicle accidents are due to driver error, special factors can apply in truck accident cases. The trucking industry involves multiple parties, including trucking companies, owners, brokers, drivers, mechanics, cargo loaders, and others. The negligence of one or more of these parties can cause truck accidents and provide grounds to make a truck accident claim against them.
Improperly loaded cargo is anything loaded on the truck that can shift or fall off during transit. Cargo that is not tied down properly can fall off the truck and into the path of an oncoming motorist, or it can shift during transit, causing the truck to roll over or jackknife.
If you were involved in a truck accident with a truck with improperly loaded cargo, you should speak to an experienced truck accident attorney about your legal rights.
What Are the Federal Motor Carrier Safety Administration’s Rules on Loading and Securing Cargo?
The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency responsible for regulating commercial trucks and buses. It establishes specific rules and protocols that trucking companies, drivers, and others must follow. This includes rules regarding loading, securing, and inspecting cargo.
According to the FMCSA’s Driver’s Handbook on Cargo Securement, truck drivers and carriers must:
- Properly distribute cargo
- Properly secure cargo
- Secure all doors, tailgates, spare tires, and other equipment before traveling
- Load cargo without obstructing the driver’s view or preventing the driver from moving their limbs
- Use proper securing devices such as braces, chains, hooks, straps, rope, and friction mats when loading cargo
Special rules apply to certain types of cargo, including:
- Logs
- Lumber and other building materials
- Concrete pipes
- Paper rolls weighing over 5,000 pounds
- Metal coils
- Large rocks and boulders
- Heavy equipment and machinery
- Intermodal containers
- Motor vehicles
- Flattened motor vehicles
If the trucking company or other parties involved in the trucking operation fail to follow these regulations, they can be held responsible for accidents that result.
When Must Truck Drivers Inspect Cargo?
The FMCSA also requires truck drivers to periodically inspect their cargo to ensure they are safe to travel. It requires inspections at the following intervals:
- Before beginning a trip
- Once within the first 50 miles of the trip
- When the driver’s duty status changes
- At each three-hour interval or 150 miles, whichever occurs first
During these inspections, the driver must check that the load is secure and that securing devices are in good condition. If anything is amiss, they must fix it before getting on the road again. If a driver fails to complete these inspections and an accident involving an unsecured load occurs, the driver can be held responsible for the accident.
What Should I Do If I Was Involved in a Truck Accident Involving Unsecured Cargo?
You may be entitled to financial compensation if an improperly loaded truck accident injured you. After reporting the accident and seeking medical attention, call an Albuquerque injury lawyer from Caruso Law Offices. We can work tirelessly to secure evidence of the truck driver or company’s negligence. Contact us for a free case review.