When semi-trucks are not loaded properly, they can quickly become unbalanced, leading drivers to lose control of their vehicles and cause accidents. Proving liability in truck accidents due to improper loading can sometimes be challenging, as several parties might be liable for this conduct.
An experienced truck accident lawyer in Mobile, AL, can help you assess liability in your case and understand what types of evidence may be helpful.
Why Do Accidents Happen When a Truck Is Loaded Improperly?
Truck drivers and other workers should follow strict protocols under Federal Motor Carrier Safety Regulations for loading trucks with cargo. When cargo is not secured and balanced in the truck, it can shift during transport. This can cause the bulk of the weight to slide to one side of the truck, throwing the truck off balance and causing the driver to lose control of the vehicle.
When cargo is not secured properly in a truck, it is also at risk of falling off the truck, entering the roadway, and causing drivers to collide with it or with other drivers in an attempt to avoid the cargo. Uneven weight distribution can also lead to truck rollover accidents; if one side of the truck has too much weight, a sharp turn can set the truck off balance and lead it to fall onto its side.
Common Causes of Unsecured Cargo or Improper Loading Accidents
When cargo is not loaded properly in a semi-truck, causing an accident, someone may be liable for this conduct. Pinpointing the exact reason for the unsecured or improper loading is important for determining who may be liable.
A few common reasons these accidents happen may include:
- The truck’s or trailer’s weight limit was exceeded.
- The truck does not have the correct equipment to secure that type of cargo.
- The driver or cargo loader did not arrange the cargo correctly in the truck.
- The straps or tie-downs were faulty, causing them to fail.
- The door was not latched correctly, or the door latch mechanism was faulty.
Potential Parties Liable for Improper Loading
If you want to pursue a legal case after an improper loading accident, it is important to assess who might be liable for the accident. The following are a few examples of potential liable parties:
- The truck driver: The truck driver may be liable for the accident if they failed to load the cargo properly or made other mistakes during operation that contributed to the accident, such as driving while distracted or under the influence of alcohol.
- The truck company: Truck companies often assume vicarious liability for their drivers. The truck company may be held directly liable if it failed to properly train or supervise employees, or if it encouraged unsafe loading practices to meet deadlines.
- A loader or shipper: Sometimes, third parties are responsible for loading semi-trucks.
- A manufacturer: If the cargo load shifted due to an equipment malfunction, the manufacturer may be responsible under product liability law.
- A repair or maintenance company: A company that was responsible for repairing or maintaining an essential component of the cargo loading system may also be responsible for an accident.
How To Establish Liability for Improper Loading
Alabama follows a contributory negligence rule for determining fault in truck accident lawsuits. Under this strict policy, a person may not be able to recover compensation if they are found to be even 1% at fault for their own injury. Therefore, it may be important to establish another party’s liability in your accident and show that you were not in any way to blame for your injuries.
A truck accident attorney can help you understand how to prove liability in truck accidents due to improper loading. Collecting different types of evidence from the accident can help you paint a picture of how it happened and trace back who might be responsible. Such evidence might include:
- Cargo loading logs: Logs of who was responsible for cargo securement and when can help you assess where the error that led to shifting cargo may have occurred.
- Black box data from the truck: Modern trucks have electronic data recording systems that record information like speed, braking, and steering. This data can help you understand the driver’s actions leading up to the accident.
- Photos and videos from the accident: Any photos from the accident, especially ones showing the placement of cargo in the truck, can also be helpful in building a case. Videos that show the accident happening, such as security camera or dashcam footage, can highlight the truck fishtailing or making other uncontrolled movements that may indicate uneven weight distribution.
- Witness testimony: If any other drivers witnessed the accident, they can attest to how the truck collided with your vehicle. For example, if they witnessed the truck fishtailing, this can further support the cause of improper loading.
It may not be entirely necessary for you to prove that the accident was caused by improper loading, depending on the circumstances. If the truck driver was clearly responsible for the accident, it may be up to the truck company to determine liability. Proving that you were not in any way responsible for the accident may be more important on your part, and the above types of evidence can also help you support this case.
Seek Legal Assistance With Your Truck Accident Case
Truck accident cases are often complex, and pinpointing liability can be challenging, no matter the circumstances. But truck accidents due to improper loading may be even more difficult to prove.
An experienced truck accident attorney can help you assess potential liability in your case and explore your options for seeking compensation. Such lawyers have extensive experience collecting evidence in truck accident cases and can use their knowledge to support your case.
At Jackson & Foster Law, we represent victims of truck accidents across the Mobile, AL, area. Whether you are wondering what to do after a truck accident or need help navigating a compensation claim, request a consultation today by calling 251-433-6699.
