With so many trucks on the road, it is not surprising that thousands of people are injured yearly in truck accidents. Sometimes, these crashes are due to the driver being fatigued after driving too many hours without taking a break. Other accidents may be due to speeding, bad weather, or poor road conditions. However, truck accidents also tend to happen when the large vehicle is improperly loaded, maybe because it carries more weight than it should or because the load was not adequately tied down or balanced. If you have been in a truck accident because of a loading problem, reach out to a truck accident attorney from the law firm of Ogg, Murphy & Perkosky in Pittsburgh. We offer a free consultation and case evaluation and will help you fight for your legal right to recover the compensation you deserve.
Causes of Accidents Due To Improperly Loaded Trucks
To prove that your accident happened because the truck was loaded improperly, your accident attorney will have to conduct research to determine who needs to be held accountable for the incident. It may turn out that a third party improperly loaded the truck in the warehouse, or other parties may also have been involved. Whoever was at fault for the way the truck was loaded may be responsible for your injuries and losses. This may be for reasons like the following:
One of the most common reasons why improper loading causes accidents is poor training. Those who are in charge of loading trucks need to receive sufficient training to understand how to place a load and how much weight a specific truck can carry. Poor training results in people making the wrong decisions.
The Load Is Too Heavy
Every state has legal limits for truck loads. When the weight of the cargo exceeds these limits, it will strain the truck and make it extremely imbalanced. This makes it much harder for the driver to control the vehicle and may keep them from being able to slow down in time to prevent an accident. This is because a heavier truck requires a greater distance before coming to a complete stop.
The Load Is Unevenly Distributed
People in charge of loading the trucks in the warehouse should know that they must evenly distribute the load across the truck bed to prevent the heavy vehicle from shifting or wobbling. An uneven load will cause the truck to sway when making a turn and lose balance when needing to change lanes. When uneven loading is matched with high speeds, accidents are almost unavoidable.
Smaller trucks should carry a much smaller load. But when workers pack them up with as much merchandise as possible, the driver may end up with an obstructed view and be unable to see through the rearview mirror. In these situations, the driver cannot know if there is a car behind their truck, making it dangerous for them to switch lanes.
Worn Down Tie-Downs
Every type of cargo must be secured to prevent it from shifting around. Tie-downs that are too worn out or fragile may slip or break, allowing the cargo to move freely and creating problems for the driver. In some instances, when the cargo slides around as it breaks free from the tie-downs, it may end up pushing open the rear door and sliding off the truck and into the path of oncoming vehicles.
Load Not Inspected
Employees in charge of loading trucks generally need to have their work inspected to prevent any unsafe conditions. Even the most experienced loaders can sometimes make mistakes, so loaded trucks should always be inspected before being allowed to leave the facility.
Who is at fault for cargo that is improperly loaded?
It is important to determine who should pay for the accident damages when the cargo was improperly loaded. Your accident attorney from the law firm of Ogg, Murphy & Perkosky in Pittsburgh, will need to conduct an investigation to determine who was responsible for loading the cargo of the truck that caused your accident. In some cases, the truck driver is supposed to verify the weight and stability of their load before heading out; in others, there may be an inspector at the warehouse. Ultimately, the commercial insurance company from the responsible party will have to pay for the damages, but for this to happen, fault needs to be established.
Working with an experienced accident attorney can make all the difference for you if the blame gets shifted around. With years of experience under our belts, we have dealt with many accidents and know how to get down to the facts to get you the compensation you need to take care of your injuries and losses.
Get a Free Consultation
At the law firm of Ogg, Murphy & Perkosky in Pittsburgh, we offer a free consultation and case evaluation if you have been involved in a truck accident due to improper loading. During the initial consultation, we will help you understand your legal rights and explain how the claims process works. We aim to help you get the funds you deserve, and we will fight the insurance companies to make sure you are not pressured into accepting a lowball offer. This will give you the peace of mind you need to focus on recovering your health. Call us today.