Truck accidents are often a result of an improper load, which has interfered with the driver’s ability to maneuver or stop the truck. The shifting and movement of cargo that has been improperly loaded or secured is a common cause of truck accidents in Florida.
The Federal Motor Carrier Safety Administration (FMCSA) publishes a guide on loading cargo for truck drivers. Truckers are expected to understand and adhere to the guide. Every trucker should be instructed by their employer on proper loading techniques and should be required the have a through understanding of the FMCSA guide. Keep in mind that regardless of who loaded the actual cargo, the driver is responsible for inspecting the cargo before every trip and at specific intervals thereafter. Thus the loader and the driver each share responsibility and both parties may be liable in a case alleging improper loading.
How Can We Identify Improper Loading
- Cargo that is not properly covered.
- Weight that is improperly distributed through the trailer.
- Overloaded truck – this will make the truck more likely to rollover. An overloaded truck has a much greater stopping distance. In other words, the excess weight will prevent the driver from stopping the truck in a safe manner
- Cargo that has not been properly secured with tie-downs or the amount of tie-downs is not commensurate with the weight of the load.
In order to establish that Federal and Florida Regulations have been violated, the truck accident lawyers at Sibley Dolman Gipe Accident Injury Lawyers, PA, will determine:
- What parties were involved in loading the truck?
- Was it obvious that the truck was overloaded?
- Did the trucking company instruct the driver on how to properly secure the load of cargo?
When cargo becomes loose or the weight in the trailer grows uneven, the truck itself becomes unstable. Further, the instability itself often results in a driver overcompensating for such. This only further increases the likelihood of a serious truck accident or rollover.
Keep in mind that 49 C.F.R. Sec 392.9 (Code of Federal Regulations) creates a non-delegable duty on all parties who participated in the loading of the tractor-trailer. Again, the driver is responsible for inspecting the load before going on a run.
It is wise to consult with a truck accident lawyer to protect your interests or those of your loved ones. Following a truck accident, there are a number of steps that must be taken in order to protect your rights and preserve your case. Please see the following article on this subject: https://www.dolmanlaw.com/preparing-truck-accident-case-important-items/
Following a truck accident, it helps to consult with us immediately. Our goal is to preserve the evidence by inspecting the truck or at a minimum placing the necessary parties on notice of our desire to inspect such. An attorney who is novice in handling trucking mishap cases is likely to miss steps that are unique only to claims involving a truck.
Call the experienced truck accident lawyers at the Sibley Dolman Gipe Accident Injury Lawyers, PA for a free consultation and case evaluation.