Fayetteville Truck Accidents Due to Improper Securement of Cargo

Experienced Fayetteville Truck Accident Attorneys Fight to Protect Those Injured in Truck Accidents After Cargo Wasn’t Properly Secured

Federal regulations allow large trucks to weigh 80,000 pounds. Electric trucks can weigh more – up to 82,000 pounds. Many states allow trucks to carry even heavier loads.

Carrying cargo can be dangerous. Companies that load cargo onto large trucks must ensure cargo is properly loaded and secured. When a load shifts or falls from a truck during transport, serious injuries can result. A driver may be unable to prevent an accident until it is too late.

If you’ve been injured in a truck crash due to improperly loaded cargo, talk to an experienced Fayetteville truck accident attorney today. The team at the Law Offices of Jason M. Hatfield can help.

Common Risks When Cargo Isn’t Properly Secured

The Federal Motor Carrier Safety Administration (FMCSA) requires commercial trucking companies and cargo loaders to follow cargo securement rules whenever trucks cross state lines. The current rules are based on extensive research on trucking and truck accidents throughout the US, Canada, and Mexico.

FMCSA’s cargo securement rules focus on several key areas related to cargo:

• Performance of cargo securement systems. These rules require tie-downs and other tools used for cargo securement to meet certain criteria. They must be able to withstand certain forces appropriate to the use of the item.
• Securement devices. Chains, synthetic webbing, hooks, locks, and other securement devices must also meet FMCSA standards. They must be made of appropriate materials and be strong enough to do the job safely. They must also be inspected regularly and replaced when worn out.
• How to use and place securement items. FMCSA’s requirements also extend to how load securement devices are used. These include rules on positioning tie-downs, using edge protection to prevent breakage, and similar requirements.
• Specific rules for special types of cargo. Some types of cargo, like logs and metal coils, pose unique challenges for securement. FMCSA’s rules address some of these special cargo types, providing specific guidelines.
• General guidelines for all cargo types. The FMCSA rules also provide general requirements for securing loads, no matter what is being transported.

These guidelines are based on research into past accidents and risks that arise when cargo isn’t properly secured.

How Improperly Secured Cargo Can Cause Serious Accidents in Fayetteville

When cargo is not properly secured:

• Cargo may separate from the trailer. The loose cargo may fall on nearby pedestrians, bicyclists, or vehicles, causing death or serious injury. Cargo may also fall into the roadway, where it can cause an immediate hazard to traffic and a risk of a sudden crash.
• Cargo may shift inside the trailer. Shifting cargo can change the trailer’s balance. If the driver needs to stop or swerve to avoid a roadway hazard, an unbalanced trailer can cause the truck to handle unpredictably or even tip. Both situations can result in severe injuries to the driver and others near the truck.
• Cargo may interact inappropriately. When trucks are loaded with multiple cargo types, improperly secured cargo may damage other cargo.

In trucking, “no-touch” freight is common. No-touch freight is cargo the driver does not handle. Instead, the driver arrives at a dock, has the truck loaded by freight handlers at the loading dock, and then drives the truck to its destination.

While no-touch freight can make work more efficient for drivers, it also poses risks. One risk is that cargo will be loaded improperly by the freight handlers. If this occurs, the driver may not know about the risk until the improperly loaded freight causes an accident.

Common Injuries From Improperly Secured Cargo-Related Accidents

When cargo isn’t secured properly on a large truck, accidents and injuries can result. Common injuries caused by improperly secured cargo include:

• Head, brain, and spinal cord injuries. Being hit by loose cargo, colliding with loose cargo on the roadway, or crashing with a truck that swerves or tips because its contents weren’t secured properly can all cause devastating head, brain, and spinal cord injuries. These injuries can result in permanent disabilities.
• Neck and back injuries. Neck and back injuries in car accidents include whiplash, herniated discs, fractured vertebrae, and other forms of damage. These injuries can cause lifelong struggles with pain, mobility, and related issues.
• Scarring and disfigurement. Being struck by loose cargo can cause permanent scarring, amputations, and other forms of disfigurement. These injuries often have profound psychological as well as physical effects.
• Broken bones and crushed limbs. The forces of a collision with a truck or its cargo can shatter bones and crush limbs. Extensive surgery or even amputation may be required. Permanent changes in movement and the sense of touch can result.

Other injuries can also occur when cargo isn’t secured properly in a large truck. Internal organ damage, psychological injuries like post-traumatic stress, and other injuries can also occur. In some crashes, these injuries prove fatal.

Who Is at Fault When Cargo Is Improperly Secured?

When a truck accident results from driver error, it can be easy to see where the driver was at fault. When cargo isn’t properly secured, the analysis can be tougher. A driver might not even know something is wrong with the cargo until it is too late to prevent a crash.

When cargo is improperly secured, an investigation must also consider parties like:

• The trucking company. Trucking companies are responsible for training drivers to handle emergencies, including situations in which cargo has shifted. If drivers must handle freight, the company must also ensure drivers have the training and knowledge necessary to handle that freight safely.
• The freight loaders. For “no-touch” freight, cargo is loaded by workers at a loading dock. These workers and the company they work for are responsible for ensuring loads are placed onto trucks properly.
• Manufacturers and designers of securement devices. Straps, chains, and other devices used to secure loads must be properly designed and manufactured to do their job. Hidden defects in these items can cause them to fail, resulting in loose cargo that can cause a crash.

Other parties may also be involved in the accident. An experienced Fayetteville truck accident attorney can help you unravel what happened and hold the correct parties accountable.

Seeking Compensation After a Fayetteville Cargo-Related Truck Accident

After improperly secured cargo causes a crash, those injured have certain legal rights. To seek compensation, it’s important to understand the time limits for injury claims and the types of compensation available.

Time Limits in Fayetteville Truck Crash Cases

In Arkansas, an injured person has three years from the date of the injury to file a personal injury claim. This rule is known as the “statute of limitations.” It sets a time limit on filing injury claims. If you don’t file your claim within three years, you lose the opportunity to bring it to court.

Some exceptions to the three-year rule exist, but they are narrow. Talk to an injury lawyer to learn how the rule applies in your specific case.

Compensation for Injuries and Losses in Fayetteville Truck Collisions

In a personal injury case, an injured person brings their claim to seek compensation or “damages” from an at-fault party. Compensation can cover losses like:

• Medical bills from your injuries,
• Future medical bills, if you’re permanently injured or disabled,
• Lost wages, including future lost wages, if your injuries prevent you from ever working again,
• The costs to repair or replace damaged property,
• Compensation for your conscious pain and suffering.

If you lost a loved one in a truck crash, a wrongful death lawsuit can also provide compensation for funeral and burial costs. This case can also help compensate family members for losses they suffered, such as the loss of their loved one’s care, companionship, and support.

Other forms of compensation may also be available, depending on your losses. For example, you may be able to recover compensation for visible scarring or disfigurement. An experienced lawyer can help you calculate a full and fair amount of compensation in your case.

Speak to a Dedicated Fayetteville Cargo Truck Accident Attorney Today

A truck crash can turn your life upside down in an instant. What started as a normal day ends with your health, plans, and future forever changed.

Improperly-secured truck cargo can cause devastating injuries. For this reason, federal and state regulations focus on cargo safety. Those who load freight onto trucks can be held liable if their negligence results in a crash. Similarly, companies that make tie-downs, chains, and other securement devices can be held liable if a hidden defect in their products causes injuries.

Pursuing these cases can be overwhelming when you’re already recovering from serious injuries. At the Law Offices of Jason M. Hatfield, P.A., our compassionate Fayetteville truck accident lawyers are here to help. We understand how tough it is to recover from a serious injury or the loss of a loved one.

Contact us today to learn more. We’ll do our best to answer your questions and provide the information you need to make an informed decision about your case.