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There are many causes of serious injury and wrongful death in truck accidents. One of the lesser-known causes of accidents is the dilemma of cargo that has been inadequately or poorly secured on a big rig.
Truck drivers and motor carriers are paid to transport cargo from one destination to another. The trucking industry is vital to our economy and is a very important part of moving goods across the nation. Truck drivers and trucking companies have many rules to follow for safe driving and truck maintenance. One important factor is how the load is secured.
Karger must be distributed across the trailer so as to ensure that the big rig will not have issues because it is top-heavy or overloaded. Improperly loaded trucks will have the cargo distributed across the trailer so as to achieve a balance.
Each load must be properly secured to keep the load from falling off of the trailer and causing an accident. Many different truck accidents could have been prevented if the load had been secured according to the Federal Motor Carrier Safety Regulations. When cargo comes flying off a trailer, you can bet that the load was not properly secured according to regulations.
The Federal Motor Carrier Safety Administration provides specific guidelines for securing cargo of various natures. In the Driver’s Handbook on Cargo Securement published by the FMCSA, rules and options for securing cargo are covered. How a specific load should be secured depends upon the load itself.
Individual rules cover the safety requirements for individual cargo.
Section 392.9 FMCSR provides the safety rules and regulations for inspection of cargo and securing loads on big rigs. Truck drivers must assure themselves that the cargo was properly distributed and adequately secured and that the cargo does not interfere with the rig’s driving.
In addition to the truck driver and the trucking company itself, other entities or persons may potentially be responsible for a load that falls off the truck and causes an accident. On the truck driver has ultimate responsibility for ensuring the load is adequately secured, it may not have been the truck driver that actually loaded the cargo. Finding an experienced truck accident attorney who has handled falling load cases is an important first step after a loading accident.
If you would like to know your rights and options after a falling cargo accident, contact us for a no-obligation consultation.
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