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If you suffered injuries in a truck accident because of overloaded, overweight, or imbalanced cargo, contact DeMayo Law Offices immediately. We know how to hold truck drivers and trucking companies liable for their careless actions.
Commercial trucks, such as tractor-trailers, transport consumer goods, hazardous materials, and heavy items. If the cargo isn’t secured properly or loaded within size and weight limits, it could shift or fall off the truck and cause a collision.
The Federal Motor Carrier Safety Administration (FMCSA) sets standards that everyone in the trucking industry must comply with to ensure other people’s safety. Violating these standards could lead to severe accidents and injuries. DeMayo Law Offices will seek the justice and compensation you deserve so you can recover and move forward with your life. Call us at (704) 333-1000 for a free consultation.
The FMCSA issued a set of rules for all large trucks engaging in interstate commerce. These cargo securement rules intend to reduce the risk of accidents due to cargo that falls off or shifts during transport.
All parts and systems utilized for cargo securement must be free of defects and function as intended. Manufacturing standards should also apply to every tie-down, such as chains, strapping, webbing, wire rope, steel, and cordage.
Anyone responsible for loading cargo onto the back of a truck must secure the tie-downs in a way that prevents them from opening, releasing, loosening, or unfastening during transport. There should also be edge protection that prevents cutting or abrasion if any item could come in direct contact with a tie-down. Loads must always stay inboard if the trailer has rub rails.
The number of tie-downs used for each item depends on the weight and length of the cargo on the trailer:
Cargo should not fall off the truck or shift if the driver speeds up or slows down in any direction. Loading should be completed in a way that meets the acceleration and deceleration forces below:
Cargo securement rules apply to commercial trucks carrying any type of cargo, except those that lack a fixed structure or shape, such as liquids, gases, and sand. Commercial trucks are vehicles that contain a hopper, box, tank, or another device as part of the overall structure.
When cargo exceeds weight limits or isn’t loaded evenly on the back of a truck, unsecured items could fly off or shift and cause uneven weight distribution resulting in a crash. The driver is responsible for operating a massive vehicle and needs to be in full control at all times. If the cargo isn’t loaded correctly in any way, they could lose control and cause serious injury to another driver.
The most common types of truck accidents that can occur if cargo is imbalanced, overweight, or overloaded are:
There is a fault system in North Carolina that holds the person who causes an accident financially responsible for the victim’s injuries and associated losses. Various parties could be liable for improperly loaded cargo.
Truck drivers that load the back of a truck must ensure they use proper tie-downs, don’t exceed weight or size limits, and keep all items evenly distributed. They could be liable if an accident occurs for any of the following reasons:
Trucking companies must always follow FMCSA regulations and ensure they hire employees who are aware of these rules and follow them explicitly. They could be liable for any of the following reasons:
DeMayo Law Offices can investigate your case and determine who was at fault for the crash. We will help you pursue compensation from the at-fault party to cover your past and future medical bills, lost wages, and other expenses you incurred.
When you drive safely and follow all traffic laws, you should not suffer the consequences of another person’s actions if an accident occurs. Our team of compassionate and dedicated attorneys has over 150 years of combined experience representing victims like you in their legal cases. We will use our extensive resources and knowledge to seek justice and help you recover from this stressful ordeal.
Call DeMayo Law Offices at (704) 333-1000 or use our online contact form if overloaded, overweight, or imbalanced cargo led to a truck accident and your injuries.