Many truck accidents result from improperly-loaded cargo which interferes with the driver’s ability to control or stop the truck.
There is an official guide for loading cargo into trucks which is published by the Federal Motor Carrier Safety Administration (FMCSA), and professional truck-drivers are expected to adhere fully to this guide. Drivers and loaders may be equally responsible for cargo, as drivers are responsible for inspecting it both before and during trips regardless of who loaded it.
Improper loading can often be identified in four ways:
1) The cargo is not covered properly.
2) Cargo has not been secured properly with tie-downs.
3) Weight is not properly distributed throughout the trailer.
4) The truck is overloaded, and the extra weight requires a greater stopping distance and increases the truck’s risk of rolling over.
Generally, personal injury attorneys of truck accident cases will have three questions to answer in order to establish your case:
1) Who was involved in loading the cargo into the truck?
2) Was the truck obviously overloaded?
3) Was the driver instructed by his company regarding how to secure the cargo?
If you have been involved in an accident with a large truck, it is important to enlist the help of a personal injury attorney as soon as possible, as preserving evidence of the accident may be a time-sensitive issue. Other steps may also be necessary, such as reviewing any criminal/investigative reports, ordering a motor carrier profile of the trucking company, or, in the event of severe property damage, enlisting the help of a truck safety/maintenance expert.
If you or a loved one has been injured in a truck accident, contact Mike Agruss Law 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, Mike Agruss Law is not paid attorney’s 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.