When truck drivers, trucking companies, warehouse workers, or others fail to secure cargo adequately, they significantly increase the risk of a serious truck accident. Without proper loading and cargo securement, it can led to cargo falling off the truck or shifting while in transit, causing a dangerous weight imbalance.
If you suffered an injury in a truck accident caused by negligent cargo securement, an experienced Georgia truck accident lawyer can thoroughly investigate your case, identify who should be held responsible for the crash, and provide the support you need to pursue full and fair compensation for your medical expenses, lost wages, and other losses.
What Is the Federal Motor Carrier Safety Administration?
The Federal Motor Carrier Safety Administration (FMCSA) is a government agency that regulates various aspects of commercial transport, including commercial driver’s licenses, hours of service, vehicle size and weight limits, and cargo securement. These regulations aim to prevent fatalities and injuries caused by commercial vehicles on public roads.
Individuals injured in truck accidents can often use the FMCSA’s regulations to prove the at-fault party engaged in negligence that led to their injuries. However, doing so requires working with a skilled truck accident attorney familiar with state and federal trucking laws.
What Are Common Scenarios Involving Improper Cargo Securement Failures?
Several dangerous scenarios can result when cargo is not secured correctly. The most common scenario is a shift in transit that causes a weight imbalance. If the cargo shifts forward, such as when a truck driver hits the brakes, the truck’s stopping distance can increase and raise the risk of a rear-end collision. If the weight shifts to one side when a truck turns, it can cause the truck to roll over and crush smaller vehicles in adjacent lanes.
In a study of large truck accidents released several years ago, the FMCSA found that cargo-related accidents cause only 4 percent of crashes. However, when cargo shifts occur, the risk of the event leading to a crash is significantly high, at 56.3 percent.
Another danger with improperly loaded cargo, or faulty cargo loading, is that it can fall from the trailer, strike another vehicle, or land on the road, where another motorist could collide with it or swerve into other traffic while trying to avoid it.
Why Is It Important That Truck Cargo Is Loaded and Secured Properly?
Truck cargo must be loaded and secured correctly to avoid putting others who may interact with or be near the cargo or the truck at risk. Improperly secured cargo can put the following individuals in harm’s way:
- Truck driver
- Other motorists
- Cyclists and pedestrians
- Cargo loaders and unloaders.
What Are Some Examples of Improperly Loaded or Poorly Secured Cargo?
Cargo shifts often occur due to the wrong type of securement. Truck drivers should, for example, ensure that a sheet covers loose gravel and other small objects so they don’t fly out of the back of the truck.
Similarly, the heavier the cargo is, the stronger the tie-downs securing it must be. The tie-downs must be strong enough to withstand the forces applied to them by the object they are securing during transit. According to the FMCSA, securement must be able to keep cargo in place and prevent falling cargo when experiencing the following forces:
- 0.8 g of deceleration in the forward direction
- 0.5 g of acceleration in the rearward direction
- 0.5 g of acceleration in a lateral direction.
The FMCSA also regulates the number and types of tie-downs required for different cargo loads. Loaders and trucking companies must follow specific regulations for properly securing cargo such as logs, metal coils, concrete pipes, and machinery.
Who Can Be Held Responsible for the Safe Loading and Securement of Cargo?
Multiple parties could be liable for your injuries and losses if their failure to load and secure truck cargo safely caused you harm. Some of the parties most often held liable are:
- Truck drivers — A driver’s responsibility is to ensure the cargo they are transporting is appropriately secured.
- Trucking companies — Trucking companies may be liable if their negligent hiring or other business practices contributed to the improper cargo securement.
- Cargo loaders — Under FMCSA regulations, the company that loads the cargo onto the truck is also also responsible for securing it.
Can I Seek Compensation for Injuries Sustained from an Improper Loading or Cargo Securement Truck Accident?
You can seek compensation for your past and future medical expenses, lost wages, pain and suffering, and other losses after a truck accident caused by improper loading or cargo securement. In many cases, multiple parties are liable for the harm that a truck accident causes, including the truck driver and the trucking company. Under federal law, trucking companies must have significant liability insurance of between $300,000 and $5 million, depending on the truck’s size and cargo.
What Is the Georgia Statute of Limitations for a Truck Accident Claim?
Under Ga. Code § 9-3-33, truck accident victims have two years to file a personal injury claim against the parties responsible for their injuries. If you fail to file your truck accident lawsuit or claim within this period, a court may dismiss your claim as untimely.
For this reason, you should work with a lawyer as soon as possible after you suffer injuries in a truck crash. A lawyer can immediately investigate the incident, gather evidence, identify the liable parties, and file your claim before the deadline in your case.
Contact a Georgia Truck Accident Lawyer
At Spiva Law Group, our personal injury attorneys and staff are fully dedicated to service, strength, and results. We take on the most challenging personal injury cases and work tirelessly to pursue the compensation our clients need to move forward after a truck crash or other life-changing accident. We are proud to have secured more than $500 million in compensation for our clients since our founding in 1984.
We work with clients in Savannah and throughout Georgia. To discuss your truck accident and learn more about how we can help you, contact us today and receive a free consultation.
Site by 
