One of the more common questions in accident law is, “Can I Sue for a Crash Caused by an Improperly Loaded Truck?” The fact of the matter is that improperly loaded cargo can and does cause serious crashes. According to industry experts, about one-fourth of all truck crashes are the direct result of improperly loaded cargo.
The Federal Motor Carrier Safety Administration’s website at https://www.fmcsa.dot.gov/ lists extensive and detailed information about the proper ways to load different kinds of cargo, who is responsible for loading it, and why these regulations are essential for road safety.
Crashes that result from improperly loaded trucks can and do cause loss of life, severe injuries, loss of the cargo or damage to it, and even environmental hazards of various kinds. Trucking accidents are complex legal situations, especially when it comes to determining liability. When the driver is an employee of a trucking company, plaintiffs typically sue the company or a subcontracted loader, or both. There are numerous parties for the plaintiff to seek out when the time comes to file a lawsuit.
With few exceptions, truck driver are required to perform intermittent inspections of cargo during a trip. Sometimes, these inspections can be quite involved affairs, and might require specialized knowledge on the driver’s part about how to secure a particular kind of cargo. However, in instances when a professional loader was hired to secure the cargo, and the driver was instructed by his employer not to touch it during transit, there will be no intermittent inspections by the driver.
Often forgotten in discussions about the danger or improperly loaded trucks is the risk that a driver faces when cargo shifts position during transit. This shifting of weight can make the truck impossible to control and might lead to the death of the driver in extreme cases.
The bottom line: Yes, you can sue for such a crash, and you have several different parties that you can pursue damages against: the trucking company, the driver, and pretty much anyone who was responsible for loading the cargo.
People searching for a truck accident lawyer in Baton Rouge have many choices, but anyone who is injured as a result of an improperly loaded truck should seek legal help as soon as possible.
For additional details about load securing and general data about trucking accidents, the following two resources offer extensive information: