Unsecured Loads
When cargo is not properly secured, it can shift, fall, or spill, causing collisions that often result in severe injuries, property damage, or fatalities.
What is an Unsecured Load?
An unsecured load refers to cargo that has not been properly fastened, contained, or covered to prevent it from shifting or falling during transport. Commercial trucks frequently carry heavy and irregularly shaped cargo such as construction materials, machinery, gravel, or boxes. When the cargo is not secured correctly, it can become loose and:
- Shift within the truck, destabilizing the vehicle and increasing the risk of rollover accidents.
- Fall onto the roadway, creating obstacles for other drivers.
- Strike vehicles directly.
Properly securing loads with straps, nets, tarps, or other safety measures is essential to prevent these dangerous scenarios.
Common Causes of Unsecured Load Accidents
Unsecured load accidents result from a combination of negligence, improper procedures, and environmental factors. Common causes include:
Improper Loading Practices
Drivers or loaders may fail to secure cargo with the appropriate equipment, leaving it vulnerable to movement during transit.
Overloaded Vehicles
Carrying too much weight can strain tie-downs, causing them to snap or fail under pressure.
Failure to Inspect Loads
Drivers or companies that neglect to inspect the security of cargo before and during trips increase the risk of accidents.
Inadequate Training
Untrained or inexperienced loaders and drivers may not understand proper securing methods or legal weight limits.
Environmental Factors
Wind, rain, or sudden stops can dislodge cargo that is not tightly secured.
Who is Liable for an Accident Caused by an Unsecured Load?
Determining liability in an unsecured load accident can be complex, as multiple parties may share responsibility. Possible liable parties include:
- The Truck Driver: Drivers are responsible for inspecting and ensuring their cargo is properly secured. If they fail to do so, they may be held liable for negligence.
- The Trucking Company: Employers must enforce proper loading procedures and train employees on cargo safety. Companies may be held accountable if their negligence contributed to the accident.
- Cargo Loaders: Third-party loaders tasked with securing cargo can face liability if their failure to follow safety protocols caused the load to shift or fall.
- Manufacturers or Suppliers: Defective straps, tie-downs, or securing equipment that fail under normal use can place liability on manufacturers or suppliers.
- Government Agencies: In rare cases, poorly maintained roads or inadequate signage about weight limits may contribute to accidents, implicating a government agency.
Determining liability requires a thorough investigation of the accident, the vehicle, and the parties involved.
How an Attorney Can Help with Your Case
If you suffered injuries or losses due to an unsecured load truck accident, an experienced Las Vegas Truck Accident Lawyer can guide you through the legal process and advocate for your rights. A skilled lawyer can assist in the following ways:
Investigating the Accident
Attorneys gather evidence, such as police reports, eyewitness statements, surveillance footage, and accident reconstructions, to determine how the unsecured load caused the crash.
Identifying Responsible Parties
A lawyer assesses the roles of the driver, employer, loaders, and equipment manufacturers to establish liability.
Navigating Complex Laws
Unsecured load cases often involve federal and state regulations, including those from the Federal Motor Carrier Safety Administration (FMCSA). Lawyers investigate whether the laws were violated and will use them to strengthen your case.
Maximizing Compensation
Beyond immediate costs like medical bills and vehicle repairs, attorneys account for long-term damages such as lost wages, pain and suffering, and diminished earning capacity.
Negotiating with Insurance Companies
Your attorney negotiates aggressively to secure fair compensation and will protect you from insurance adjusters trying to minimize your payout or deny your claim altogether.
With legal representation, you can focus on your recovery while your lawyer manages the legal complexities of your case and fights to secure the compensation you deserve.