One of the elements that makes a large truck so dangerous is the cargo that it carries. There are specific rules and regulations in place to ensure cargo is properly loaded and secured onto a commercial truck. Errors, mistakes and negligence during cargo loading can lead to severe truck accidents. If you are injured in a wreck, call a Houston commercial truck crash attorney today.
What Are the Federal Cargo Loading Regulations?
In an effort to improve the safety of the trucking industry and protect the public, the federal government has an agency known as the Federal Motor Carrier Safety Administration (FMCSA) with cargo securement rules that must be obeyed by trucking companies, truck drivers and cargo loaders.
Federal cargo laws include:
- Truck weight limits, which are based on Gross Vehicle Weight Rating, axle weight, tire loads and coupling device capacity.
- Securement rules dictate how different types of cargo should be strapped, tied down, and braced onto a truck to keep them from falling or sliding.
- Center of gravity, meaning cargo must be loaded in a way that avoids a top-heavy vehicle that is more likely to roll over.
- Weight balancing to make the handling of a large truck as safe, stable and predictable as possible and to prevent damage to the steering axle or tires.
- Mandatory inspections to ensure that a truck is not overloaded and that the cargo has been properly secured according to federal regulations.
- Special rules for hazmat (hazardous materials), such as flammable materials, explosives, propane, corrosives and pesticides.
Violating any of these cargo-related laws increases the odds of truck drivers losing control of their vehicles or cargo falling into the road. If improper loading, inadequate securement or rushed cargo inspections lead to catastrophic truck accidents, one or more parties could be held liable.
Common Types of Cargo Load Errors
Those responsible for loading and securing cargo onto a commercial truck may be guilty of many careless and reckless errors, such as:
- Loose cargo that falls from a truck into the road
- Improperly secured cargo that shifts in transit
- An overloaded truck that affects steering and braking
- An off-balance truck that tips or rolls over
- Improperly secured hazardous cargo that poses a danger
- A lack of cargo safety inspections prior to transit
These errors can lead to issues such as brake failure, a leaning or tipping truck, truck jackknifing, a truck rollover, spills, and lost cargo loads.
Who Is Liable for a Cargo-Related Truck Accident in Texas?
If an investigation of a trucking accident in Texas finds that an issue related to the truck’s cargo caused or contributed to the wreck, multiple parties may be held accountable. Common liable parties include truck drivers, trucking companies, cargo companies and shipping companies. The manufacturer of a faulty part or component could also face liability.
How to Pursue Financial Compensation
Pursuing financial compensation for your injuries and losses after a truck accident caused by cargo load errors requires proof of negligence by one or more parties. An attorney in Texas can help you gather and present evidence establishing the elements of a claim, such as truck inspection records, cargo loading logs, shipping documents, black box data, photos and videos, witness testimony, and expert crash reconstruction.
A lawyer can help you navigate the complex aspects of your cargo-related truck accident claim. To discuss a specific accident with an experienced attorney at no cost or obligation, contact the Doan Law Firm today.