Trucking companies must follow Federal Motor Carrier Safety Regulations concerning the safe loading of cargo. Unfortunately, there are times when they fail to fulfill this responsibility, and cargo falls off the truck and causes a motor vehicle crash to occur.
If you or someone you love is involved in a lost cargo accident or a falling cargo accident, you have legal rights. A St. Louis truck accident lawyer at Drafahl Law Firm will provide you with the help and support that you need to pursue your case.
We have extensive knowledge of FMCSA rules regarding tie downs, safe loading practices, and more, and we can gather the evidence you need to show the driver or trucking company was negligent in a way that makes them responsible for the harm they caused you to endure. Give us a call today to schedule your free consultation and learn how we can help you.
Causes of Lost Cargo Accidents
Lost cargo accidents, or falling cargo accidents, happen when cargo falls off a truck and onto other vehicles or the road, causing accidents, injury, and sometimes even death to others around the truck.
There are many potential causes of lost cargo accidents, including:
- Insufficient tie downs or defective tie downs, including those that are loose or worn down. Improper tie downs can allow cargo to fall from the truck while it is in motion.
- Improper stacking. When cargo is stacked too high, it can become unstable. This creates a significant risk of the cargo falling off, especially on open trailers and flatbeds.
- Tire blowouts. The sudden instability resulting from a tire blowout can cause the truck to lose control and can sometimes lead to cargo falling from the vehicle.
- Overloading. Exceeding a vehicle’s weight capacity can cause unexpected shifts in the cargo, especially when braking or turning. This can result in cargo being dislodged
Because most of the cases involve negligence in some form, lost cargo accidents can be prevented when drivers and trucking companies take reasonable care in loading and have appropriate policies in place for safe cargo transport.
Is a Truck Driver or Trucking Company Responsible for Lost Cargo Accidents?
Trucking companies and drivers can often be held legally liable when someone is hurt or killed as a result of lost cargo. In order to hold them accountable, victims must prove they were negligent or breached a legal obligation to keep others safe.
A truck crash victim can prove a defendant is negligent by showing that a hypothetical reasonable trucker or trucking company would have been more cautious with cargo loading and that this particular company’s efforts fell short of what is reasonable. It’s also possible to show negligence by demonstrating that the trucker or trucking company violated a safety rule.
The Federal Motor Carrier Safety Administration (FMCSA) has many regulations related to loading specific types of cargo, such as when you put motor vehicles on transport trucks or when you load trees or paper rolls onto transport vehicles. There are also general rules related to all types of cargo with requirements based on the type, size, and weight.
You need an attorney familiar with FMCSA regulations, as proving a violation of a safety rule creates a presumption of negligence that makes proving your case simpler.
Getting Help from a St. Louis Lost Cargo Accident Lawyer
A St. Louis lost cargo accident lawyer at Drafahl Law Firm can help you create a strong case that the truck driver and the company responsible for your falling cargo accident should be held liable for your losses. Give us a call today to learn more about the assistance we can offer.