What Happens if You are Injured by Unsecured Loads or Cargo from a Commercial Truck: Memphis Truck Accident Attorney Explains

Commercial trucking performs a very important service in the United States.  Nearly all of the items we use on a daily basis have been transported using commercial trucks.  Many times these items have traveled through multiple states before coming to Tennessee.  Hence, this is why commercial trucking is heavily regulated by federal regulations and guidelines to ensure uniformity throughout the United States.

In addition to state laws and guidelines, these federal guidelines and regulations apply to almost all aspects of the commercial trucking business.  This includes rest and fatigue rules for drivers, safety requirements, safety equipment, and load measurements and balancing requirements.  Pertinently, load securing and transporting guidelines.

However, commercial trucking is still a business.  Meaning, many companies may turn a blind eye to regulations and guidelines in an effort to turn a larger profit.  Unfortunately, one of the easiest areas to cut-corners is safety and overloading trucks.  Due to the sheer number of commercial trucks on the roadways and the distance traveled, it is understandable why there are so many commercial truck accidents each year.

According to federal guidelines, the most important requirements for commercial trucking business are load measurement and securing cargo.  Trucking companies and drivers of the vehicle are responsible for knowing the weight of the cargo that the commercial truck is carrying.  It is imperative that the driver knows the weight of the truck because it dictates what roads the truck may use and what safety equipment, such as warning signs and fastening materials, is required for operation.  Failure to know the load and manage the cargo according to the law may create liability for the commercial trucking company and driver for any accidents that occur.

When the weight and cargo is improperly loaded, fastened, or otherwise secured on the commercial truck, many different types of accidents can occur.  While some of the types of accidents are common with other motor vehicle accidents—like rear-end collisions or sideswipes—the following is a list of some unique types of accidents caused by overloaded or unsecured commercial trucks making them more dangerous:

• Jack-knife accident;
• Unsecured cargo flying off the truck;
• Unable to stop due to momentum of overloaded trailer or bed;
• Scattered debris off the bed onto the road;
• Rear of truck door left open or improperly secured;
• Cargo or trailer toppling over due to improper loading and balancing;
• Tire blowouts causing loss of control or debris onto the roadway;
• Cargo inadequately secured or fastened;
• Skidding out of control due to overloaded trailer or bed; and
• Too much pressure on the braking system causing them to fail.

When you or a loved one is injured in a Memphis commercial trucking accident, you will need an experienced attorney to navigate the extensive matrix of federal regulations and guidelines, state laws, and the many pieces of evidence needed to support your case.  In fact, a resourceful attorney will know how to use the truck logbooks, safety checklists, and other trucking company manuals to help prove your case by showing the defendant failed to meet the standard of care required.

Here at Bailey and Greer, PLLC our Memphis truck accident attorneys understand how to effectively pursue your claims.  Our legal team has a proven track record of compassionately representing our clients injured in car accidents which is included in our testimonials page.  Please contact us today to receive your free case evaluation by dialing 901-680-9777.  Remember, you only have one year from the date of the accident to commence your action to recover compensation.