Accidents involving large commercial trucks can be deadly due to their sheer size and force compared to small passenger vehicles, but some of these accidents involve improperly-secured cargo which spills from the truck. These issues are covered in laws set by the Federal Motor Carrier Safety Administration (FMCSA), called the “Cargo Securement Rules,” which have been in place since 2004. These laws were created based on many years of research and evaluation of cargo-securement in both the U.S. and Canada, and violations which directly result in an auto accident may result in legal liability and a personal injury claim against the driver or trucking company itself.
Some clues of improperly-secured cargo include cargo that isn’t properly covered, unevenly-distributed weight, excessive or overweighed cargo, and too few tiedowns for the cargo being transported. The Cargo Securement Rules necessitate a number of “tiedowns” for cargo, such as webbing and steel straps, and negligence on behalf of the truck driver, professional loaders, or anyone else responsible for loading and securing the cargo may result in a legal claim if an accident occurs. If you or a loved one has been injured by improperly-secured cargo in a commercial truck, speak with an experienced personal injury attorney as soon as possible.
Here are some of the laws which dictate how to properly secure cargo:
– Any cargo which has the potential to roll should be restrained by chocks, cradles, or wedges;
– All cargo must be firmly secured by tiedowns, shoring bars, and dunnage (material used to protect cargo) or inflatable “dunnage bags” which fill space to keep cargo in place;
– Minimum requirements do exist for tiedown restraints;
– “Special Purpose Vehicle” requirements exist for vehicles carrying objects which require special restraining systems, such as crane booms, concrete/steel beams, or heavy machinery;
– “Commodity-specific Securement Requirements” exist for logs, concrete pipes, metal coils, and other large commodities;
– Loads which extend beyond the vehicle’s width or rear by four inches or more must be indicated to other drivers by colored lights.
If you or a loved one has been injured in an accident involving a commercial truck, contact America’s Consumer Lawyer, LLC for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, America’s Consumer Lawyer is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
Commercial Trucks and Improperly Secured Cargo
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