The Importance of Proper Cargo Securement

Unsecured cargo poses a significant threat to everyone on the road. The Federal Motor Carrier Safety Administration (FMCSA) enforces strict cargo securement regulations to prevent accidents. These rules require motor carriers and truck drivers to use appropriate devices to secure cargo and ensure that it does not shift, spill, or fall during transit. Failure to comply with these laws can lead to fines, criminal charges, and devastating accidents.

The FMCSA also provides specific guidelines for securing various types of cargo, including:

  • Automobiles and light trucks
  • Hazardous materials
  • Shipping containers
  • Concrete pipes
  • Logs
  • Heavy machinery
  • Crushed vehicles

When trucking companies or drivers violate these regulations, they not only endanger lives but also open themselves to liability for the resulting damages.

Common Cargo Issues Leading to Accidents

Cargo-related truck accidents can occur in various ways, each with unique and often severe consequences. Some of the most common issues include:

1. Jackknife Accidents

Improperly secured cargo can shift within a trailer, destabilizing the truck and causing it to fold in on itself. These jackknife accidents are especially dangerous on busy highways, often involving multiple vehicles and causing life-threatening injuries.

2. Cargo Spills

When cargo flies off or spills from a truck, it can create dangerous obstacles or directly strike other vehicles. Drivers swerving to avoid debris often cause multi-vehicle collisions, leading to severe injuries and fatalities.

3. Hazardous Material Spills

Spills involving flammable, explosive, or toxic cargo are among the most dangerous. These incidents can result in large fires, explosions, and chemical exposure, requiring specialized teams for cleanup and putting countless lives at risk.

4. Rollover Accidents

Shifting cargo can lead to rollovers, with trucks tipping onto their side or roof. These accidents often crush nearby vehicles and create roadblocks, increasing the likelihood of secondary crashes.

What to Do After an Unsecured Load Accident

If you’ve been injured in an accident caused by unsecured cargo, follow these critical steps to protect your health and legal rights:

  1. Ensure Your Safety: Move to a safe area, if possible, and call 911 for medical assistance and to report the accident. Avoid the wreckage if hazardous materials are involved.
  2. Seek Medical Attention: Even if you feel fine initially, injuries can manifest later. Prompt medical evaluation is essential for your health and for documenting your injuries.
  3. Document the Scene: If safe to do so, take photos or videos of the crash scene, damaged vehicles, and visible injuries.
  4. Avoid Communication with Insurers: Insurance companies may try to minimize your claim. Let your attorney handle all communications to ensure your rights are protected.
  5. Consult a Truck Accident Lawyer: An experienced attorney can investigate your case, identify liable parties, and pursue maximum compensation for your losses.

Building a Strong Case for Compensation

At Christie Farrell Lee & Bell, we handle every aspect of your claim, from gathering evidence to negotiating with insurance adjusters. The evidence we may collect includes:

  • Police crash reports
  • Photographs and videos of the accident scene
  • Witness statements
  • Data from the truck’s black box recorder
  • Truck driver logs
  • Cargo records
  • Your medical records and bills

Our goal is to establish clear liability and accurately calculate the damages you’re entitled to recover, including:

  • Medical expenses (past and future)
  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Emotional distress
  • Property damage

Who Can Be Held Liable?

Liability in cargo-related truck accidents often extends beyond the truck driver. Potentially responsible parties may include:

  • Trucking companies for failing to enforce proper loading procedures or adequately train their drivers.
  • Cargo loaders for improper securement.
  • Maintenance crews if defective securement devices contributed to the accident.
  • Manufacturers of faulty cargo securement equipment.

Determining liability can be complex, which is why it’s essential to work with a knowledgeable legal team.

Why Choose Christie Farrell Lee & Bell?

Image generated by custom shortcode With over 120 years of combined experience, our firm has the resources and expertise to handle even the most challenging truck accident cases. We are passionate about advocating for victims and ensuring they receive fair compensation for their injuries. Our attorneys have a deep understanding of Indiana law and the federal regulations governing the trucking industry, making us well-equipped to take on large trucking companies and their insurers.

Call our unsecured load lawyers if you’ve been injured in Indianapolis after a truck accident at 317-488-5500. Your consultation is free.