How Unsecured or Falling Cargo Can Lead to Truck Accidents

 Posted on April 29, 2024 in Truck Accidents

Large commercial trucks present a serious risk to others on the road. Truck accidents can be catastrophic, and there are a number of reasons that they may take place, ranging from driver error to mechanical failure. However, one often-overlooked cause is the role of unsecured cargo. Items that are not loaded and secured correctly on a truck may shift while the truck is in motion, or they could even fall from the truck. For those who have been injured in truck accidents involving falling or shifting cargo, an experienced attorney can provide effective legal representation to ensure that they will be fully compensated for their injuries and damages.

Understanding the Risks of Unsecured Cargo

Unsecured or improperly secured cargo on trucks can pose significant risks to everyone who uses the roads. When items shift within a truck’s cargo area, this can lead to issues such as:

• Vehicle instability: Cargo may shift when a truck driver negotiates turns, changes lanes, or brakes abruptly. This shifting weight may affect the truck’s center of gravity, potentially leading to a loss of control. It may also affect a truck’s steering and braking, increasing the risk of a collision.

• Rollover accidents: Large shifts in cargo can affect a truck’s balance. This could cause a truck to turn over when negotiating sharp corners at high speeds. Rollovers can be some of the most lethal truck accidents, since a truck may turn over on top of other vehicles and obstruct the road, potentially leading to a multi-vehicle pile-up.

When cargo is not secured properly, or when devices such as straps or chains fail to function properly, items may fall from a truck. This can lead to issues such as:

• Direct collisions: Falling items may be very large and heavy, and if they strike other vehicles, they can cause serious injuries to drivers or passengers, as well as extensive damage to vehicles.

• Road obstacles: Cargo that falls off a truck can create immediate road hazards for other vehicles, forcing drivers to swerve unexpectedly or brake sharply, which can lead to multi-vehicle accidents.

Legal Implications and Liability

In cases where unsecured or falling cargo causes accidents, there are several legal considerations that may affect liability, including:

• Negligence: Truck drivers and trucking companies are required to follow strict regulations regarding cargo loading and securing. Drivers must regularly inspect their trucks to make sure all cargo is secured correctly. Failure to comply with these regulations can be considered negligence.

• Product liability: If faulty straps, tie-downs, or other securing devices contributed to shifting or falling cargo, the manufacturers of those products might be held liable.

• Overloading: There are strict weight limits that apply to commercial trucks, and companies that exceed these limits may be held liable for unsafe practices.

Contact Our Santa Clara County Truck Accident Attorney

Commercial truck accidents can be complex, and there may be many factors that caused a truck driver to lose control or issues that put people at risk of injury. A thorough investigation can determine whether unsecured cargo may have been a factor in a truck accident. At Law Office of John J. Garvey, III, we have a strong understanding of these issues, and we know how to establish liability for truck accidents and ensure that injury victims can recover compensation for their damages. If you have been injured by falling cargo or other related issues, contact our San Jose truck accident lawyer by calling 408-293-7777 and schedule a free consultation. With our experience in truck accident cases, we are ready to advocate for your rights and help you recover the compensation you deserve.