Truck Accidents Due to Improper Load Securement – Affected? You May Be Eligible for Compensation
Trucks ply highways across America every single day, and their numbers increase with each passing year, a testament to America’s ever-growing economy. Truckers often also carry loads that must be physically secured to the truck’s chassis because of their size and for the most part, these loads are carried by open-back trucks on account of their size and the fact that they may not fit inside an enclosed truck.
These trucks are required to adhere to certain regulations as well as be driven with care due to the potential for their loads to get disengaged from the vehicle and go hurtling down onto oncoming traffic. Truck accidents are some of the worst accidents on our roads, because they involve large masses, the potential for a victim to suffer catastrophic injuries and the fact that they sometimes involve multiple vehicles and victims. In the past, it was thought that accidents were just freaks of nature and that they happen and there was nothing we could do about them.
However, thanks to science, research and the development of computer modeling and simulation, it was discovered that human error attributed to over 90 percent of all accidents, and as such, an individual could be held liable for another person’s injuries under personal injury law.
It is important to note however that these accidents and resultant claims are highly contested. As a result, insurance companies may approach you with what may seem like a lucrative settlement, but what they won’t tell you is that hiring an experienced truck accident attorney may get you up to 10 times what they are offering as settlement, and taking the case to court with your attorney may multiply this amount by up to 100 times. To this end, we’d like to help secure your rights to compensation if you’ve been injured as a result of a truck accident, and it’s as easy as picking up the phone.
We Can Help You!
Are you looking for the best truck accident attorney? Call us NOW at 312-444-0214 to learn more about your legal options for justice and compensation. The experienced truck accident lawyers at McCready Law have over 50 years of combined experience, and we’d love to put this experience to work on your claim to make sure your medical bills, rehabilitation costs, lost wages and any other incidentals are taken care of now and in the future with as little stress as possible.
What sets us apart from most law firms that handle truck accident lawsuits is the fact that not only do we have a nationwide presence meaning you can call us from anywhere in America, but we also have vital litigation experience which most law firms do not have due to the fear of taking cases to court and losing as well as their lack of resources to do so.
In addition, we run a bilingual office (hablamos Español), and all cases are taken up on contingency fee basis, which simply means that there are ZERO UPFRONT FEES as we only levy our fees at the end of the process, and only if we’ve won your case on your behalf. Ready to get started or just have questions and need clarification? Please give us a call NOW at 312-444-0214 for your 100% FREE legal consultation into all things truck accident claims wherever you are in America – our intake team is standing by.
What Exactly Does Load Securement Mean, and How Can It Impact Truck Safety?
Load securement refers to the techniques used in the trucking industry used to make sure that cargo is securely and fastened to a vehicle prior and during transportation. This can mean using tools like chains, straps, and other vital equipment which will not only prevent the load from falling off the truck, but also shifting while on the road. Securement is necessary to stop accidents such as loss of vehicle control and cargo spills from occurring.
FMCSA Regulations on Load Securement
The FMCSA or the Federal Motor Carrier Safety Administration had laid down regulations that must be followed by truckers and their companies when it comes to load securement. These include:
- Distribution of Weight: FMCSA requires that cargo be evenly distributed across the vehicle to ensure balance, since uneven weight distribution plays a pivotal role in making it more likely for the vehicle to tip over when navigating a corner or incline.
- Adequate Tie-Downs: the strength and number of tie-downs must be appropriate for the type and weight of the cargo. Specifically, the FMCSA states that there should be a minimum of one tie-down for every 10 feet of cargo.
- Proper Equipment: The FMCSA, as per their regulations, specify that the securement devices used must be in line with the type of cargo they are securing. For example, ropes can be used for logs or furniture, but chains must be used for larger and bulkier materials. In addition, these securement devices must be able to withstand weather conditions so they do not fail and lead to load slippage.
Trucking companies are required under law to ensure that they adhere to these regulations in a number of ways. For instance, they should ensure all securement devices such as chains, tie-downs, ropes and so on are free from extensive wear and tear and should they show signs of damage or overuse, they should be replaced.
In addition, inspectors responsible for ensuring the integrity of trucking fleets such also ensure that all loads are properly secured and that there are no apparent signs of instability or shifting. Lastly, companies are required to maintain training programs records for all drivers to ensure all drivers and related personnel are made well aware of FMCSA regulations.
The Importance of FMCSA Regulations When it Comes to Trucking Safety
These FMCSA regulations serve a vital purpose, and they are meant to keep everyone safe on the road. Therefore, failure to adhere to them may lead to serious consequences such as the filing of negligence claims by victims of truck accidents, regulatory penalties and fines from safety agencies which may impact the company’s to do business in certain or all states going forward, as well as increased liability where the victim is able to sue for numerous damages and even include third parties in his or her suit to ensure comprehensive justice and compensation.
How Evidence Can Help Prove Improper Load Securement in Truck Accident Lawsuits
Evidence is a key component of all injury lawsuits, and to this end, gathering evidence related to load securement may mean a world of difference during insurance company negotiations or courtroom litigation. Taking photos of the accident scene can capture how debris and products carried by the truck were strewn on the ground and through these photos, it can be demonstrated that the load was not properly secured.
In addition, witness testimonies can provide key information on how the load being carried by the truck slipped and shifted moments before the accident, proving that the truck itself did not cause the accident per se, and that the accident was proximately caused by load slippage. Police reports will also come into play as evidence, as law enforcement will document accident details and note down any violations regarding load securement. Lastly, expert testimony by individuals within certain industries will provide insight into the circumstances behind the accident and how a properly secured cargo should look like.
What Damages Can I Recover as a Truck Accident Victim?
As a truck accident victim, you can recover a number of damages when you retain an attorney to file a claim on your behalf. Some of these include the cost of medical expenses you have and will incur in the future for things such as surgery, casting limbs, the cost of prescription medication, hiring rehabilitation staff and so on.
In addition, you can recover the cost of lost wages as a result of not being able to go to work due to your injuries, and this typically includes things like the wages you could have garnered had you been healthy to continue working, future earning capacity if your injuries were deemed permanent, as well as any job benefits such as promotions, bonuses and overtime.
Pain and suffering is also factored into compensable damages, and this incorporates things like physical pain, the resultant emotional distress such as depression, anxiety and Post-Traumatic Stress Disorder or PTSD, and loss of enjoyment of life. Establishing pain and suffering damages will involve the submission of psychological evaluations, medical records and witness testimonies.
Next, property damage is almost always included in truck accident claims on account of the fact that your vehicle will more than likely be totaled or severely damaged. To this end, you may sue for the cost to repair your vehicle, or its fair market value at the time of the accident if it was completely totaled.
Best, Countrywide Truck Accident Attorneys – Call Us Today!
These cases tend to be complex, and approaching the insurance company on your own or trying to figure things out independently may led to you leaving hundreds of thousands of dollars on the table. To help you secure the best possible compensation, please give us a call NOW at 312-444-0214 before making any calls to any other entity to we can ensure the integrity of your claim. Thanks for choosing McCready Law, and we look forward to helping you.