Every year in the United States, drivers and others on the road are injured when a vehicle fails to secure a load in transport. Items can fly out of the back of pickup trucks, drop from the trunks of cars or minivans, or even cause larger trucks to tip or roll. Serious injuries may result.
Arkansas Requirements for Load Securement
Section 27-35-110 of the Arkansas Code prohibits drivers from spilling any vehicle load onto the state’s roads. The law states that “no vehicle shall be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom.”
The law requires any vehicle carrying sand, gravel, or rock to have either a closed or a covered bed. For example, a tractor-trailer could be loaded with sand and its doors closed, or a pickup truck could be loaded with gravel and have a cap or cover secured over the top of the load. The purpose of the cap, cover, or enclosed trailer is to prevent the load from spilling onto the roadways, where it can cause accidents or injuries.
These items can be carried in an open-bed truck or trailer if at least six inches of free space is left between the top of the load and the lip of the bed.
Arkansas also requires other types of loads to be secured so they don’t fall out of the vehicle during transit. If you’re moving furniture in a pickup, for instance, make sure it’s secure so it doesn’t tip out of the bed on turns or blow away in the wind.
Risks of an Unsecured Load
Unsecured vehicle loads can cause serious injuries. In a recent press release, the Arkansas Department of Public Safety noted that a 20-pound object falling from a vehicle at 55 miles per hour can strike another vehicle with 1,000 pounds of force. Devastating injuries or death can result.
Recent news headlines from around the country illustrate the risks of an unsecured load. For example:
- A bulldozer fell off a trailer in Ogden, Utah, causing a crash that killed a father and his daughter.
- An unsecured cargo container on a large truck caused a truck rollover in California, leaving several people injured.
- A child’s toy that blew from the back of a pickup truck in St. George, Utah caused a rear-end crash when a driver braked to avoid hitting the toy, only to be rear-ended by the driver behind them.
Serious injuries aren’t the only costs associated with unsecured cargo. The Arkansas DPS also notes that picking up things that fall from vehicles is expensive. The state estimates that millions of dollars in taxpayer money are spent each year cleaning up loads fallen from passenger and other vehicles. Yet the costs of litter cleanup pale in comparison to the costs of catastrophic injuries and deaths resulting from crashes on state roadways.
What To Do If You’re Injured by an Unsecured Load
If you’re injured by another driver’s unsecured cargo:
Always prioritize safety. Move vehicles out of the roadway if possible. Do not move anyone who is unconscious or appears severely injured. Use vehicle lights, flares, flashlights, and other lit or brightly colored objects to help alert oncoming drivers.
Call 911. Emergency services can address injuries at the scene, protect bystanders, and gather information necessary to document the crash.
Document your experience if you can. If possible, take photos or draw a diagram of the scene. Make written or voice notes about what you saw, heard, or felt during the accident. Gather contact information from anyone else involved in the accident and from witnesses. If your injuries prevented you from taking these steps at the scene, do them as soon as you can, or talk to an experienced attorney for help gathering information.
Get medical attention. If you’re severely injured, emergency medical personnel will likely transport you to the nearest emergency department for care. If you don’t see a doctor immediately after the crash, make an appointment as soon as possible. Documenting your injuries can help speed your recovery and ensure you receive full compensation.
Save your paperwork. Keep doctor’s reports, medical bills, and all other paperwork from your crash together in a safe place. Save bills and receipts from any costs connected to the accident, like medical bills or auto repair bills.
Speak to a lawyer. Finally, contact an experienced attorney. A lawyer can help you understand your legal rights and fight for compensation if another person’s negligence caused your injuries.