If you or a loved one was injured in a commercial truck accident caused by an unsecured cargo, you are probably in a great deal of pain. We understand. As truck accident attorneys, we have worked with countless victims and seen how devastating these collisions can be. We urge you to get in touch with our firm, The Lenahan Law Firm, at once.
These cases are often complex, and there may be several parties that can be held liable. If you are recovering after a serious injury, the last thing you want to worry about is collecting evidence for a legal claim. We are happy to take the burden for you. We carefully manage every detail of the claim or lawsuit, and our services are offered on a contingency fee basis. This means you don’t owe us a penny unless we win your case. At The Lenahan Law Firm, our team of Dallas truck accident attorneys is nationally-recognized for our work in serious injury cases. To work with the best, call our firm at (214) 295-1008 today.
When a truck is loaded and driven properly, there is little risk of cargo spilling out. But trucking companies and their drivers often cut corners to save time and make more money. This means cargo spills happen far more frequently than they should. As experienced truck accident lawyers, we have worked with many cargo-spill victims over the years. The most common causes of these spills include:
Negligent driving: When a truck driver takes a turn too quickly, doesn’t give himself enough time to stop, or merges without checking his blind spots, he runs the risk of causing a cargo spill.
Rollovers: Trucks have a higher center of gravity than sedans, which means rollovers are a greater danger. When a truck tips to one side, cargo may spill out of the trailer due to the shift in positioning. Rollovers themselves can be the result of negligent driving, and are often attributed to speeding.
Overloading: There are laws on how much weight a truck can carry at one time. In Texas, tractor-trailers are not supposed to weigh more than 80,000 pounds (unless they have a special permit). This is for good reason -- when trucks are overloaded, they are harder to control, and it increases the chance that the cargo will spill out.
Failure to secure cargo: Cargo must be secured properly with restraints and ties, whether the truck is transporting logs or groceries. If the cargo is not secured, one sharp turn could wrench it loose.
In each of these scenarios, the accident – the cargo spill – could have been prevented. Sadly, some workers in charge of loading, securing, and transporting cargo cut corners to make their job easier. This kind of negligence is dangerous, and cargo spills often lead to life-threatening injuries.
Unsecured cargo on commercial trucks is a serious hazard and is the cause of many serious injury accidents in the Dallas area, and throughout the country. When people travel the roads and highways, the last thing they expect is to have to swerve out of the way of falling logs, furniture, or boxes. These swerves can lead to pileups, where multiple cars smash into each other, causing unspeakable devastation. The injuries you see afterward can include:
- Severe burns
- Spinal cord injuries
- Brain damage
- Broken bones
- Internal injuries
- Loss of limb
- Deep lacerations, which may become infected
- Neck injuries
Those injured by cargo spill may also be the lucky ones. Wrongful death is a common result of these collisions. Many families are left in mourning due to a negligent trucking company and its irresponsible driver. The truth is that if trucking companies followed all regulations set by Texas and federal laws, then cargo spills would be incredibly rare. But some of these businesses care more about profit.
Trucking firms are governed by strict federal trucking regulations. These rules include how often a driver is supposed to rest, how long drivers are allowed to be on the road, how cargo should be restrained, and how much a truck can weigh. Trucks are big, dangerous, and often carry hazardous materials. The driver of a tanker full of explosive gases, for example, should carefully follow all guidelines, otherwise he risks causing a serious accident.
There are also regulations in place on how the proper authorities should react at an accident scene. After a truck accident, investigators will arrive at the scene, collecting data to make a determination as to the cause of the accident. If an unsecured load is determined to have led to serious injuries or death, compensation for damages should be sought by the victim or the family. If you have been involved in a serious trucking accident, you should always keep in mind that the law is on your side, even if the trucking company tries to tell you otherwise. At the end of the day, you are within your rights to receive compensation for your damages.
Cargo spills can almost always be attributed to at least one negligent party. The first step in the process of recovering compensation is determining who to file your claim against, as there are multiple groups that may have had a hand in your accident.
The driver: Cargo spills often come as a direct result of negligent driving. Speeding, not checking blind spots, and taking turns too quickly could all result in a cargo spill. If the trucker was the only negligent one, then he would be the person you file your claim against.
The company: Many trucking companies encourage their drivers to skate around trucking and traffic laws, such as by overloading the trailer or speeding, in the interest of getting more items delivered faster. It is very possible that the trucking company is at least partially responsible for your injuries.
The loading crew: Cargo must be loaded before it can be transported. The loading crew is responsible for this. A loading crew should always stack cargo in the safest way possible, remain within weight limits, and use correct restraints. If the loading team skipped steps or was negligent in the loading process, they may be the ones liable for your damages.
Determining the liable party is, however, difficult. If you are already trying to recover from serious injuries, launching an investigation is the last thing you want to do. We understand completely, which is why we encourage you to reach out to a skilled lawyer who can take the burden for you.
There are few collisions as serious as trucking collisions in Dallas. They create devastation and their victims are left to pick up the pieces. However, you have the right to demand compensation from the party responsible for your injuries. By working with one of our experienced Dallas unsecured truck cargo accident attorneys at The Lenahan Law Firm, you can rest easy knowing that we are fighting for your rights. To speak with a member of our team, call (214) 295-1008 today.
Contact us to discuss your case and how we can help you get the financial compensation you deserve.