If you're hurt due to truck cargo loading errors like unsecured freight or improper loading, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other losses. The Houston truck accident lawyers at SJ Injury Attorneys can investigate to identify who is liable for the crash and fight to hold them accountable.
When cargo isn't loaded or secured correctly, it puts the truck driver and others on the road at serious risk. Overloaded trucks are harder to control, unevenly distributed weight makes vehicles prone to tipping, and unsecured items can fall off and create dangerous obstacles. If negligent loading practices lead to a crash, you shouldn't have to bear the financial burden on top of your physical injuries.
Dangers of Improperly Loaded or Secured Truck Cargo
Commercial trucks carry all sorts of cargo, from building materials and manufactured goods to hazardous substances. When this freight isn't loaded or secured correctly, it creates serious risks for the truck driver and others sharing the road.
Some common examples of negligent cargo loading practices include:
- Overloading. Exceeding a truck's maximum cargo weight limit makes the vehicle harder to control and more likely to tip over or have mechanical failures. Federal regulations restrict how much weight a semi-truck can haul.
- Uneven weight distribution. Cargo that's loaded heavier in the front, back, or on one side throws off the truck's center of gravity. This makes it prone to fishtailing, swaying, or rolling over, especially when cornering or braking.
- Unsecured loads. Cargo that isn't properly tied down, blocked, or braced can shift during transport, causing the truck to swerve or tip. It may also fall off the truck entirely, creating obstacles in the road.
- Hazardous material violations. Dangerous goods like chemicals, fuel, and compressed gases have special handling requirements. Failing to properly contain, label, and transport these substances risks toxic spills and fires.
When trucking companies, loading crews, or drivers cut corners on cargo safety to save time or money, innocent motorists often pay the price. If you've been hurt in a truck accident caused by an unsecured or improperly loaded cargo, you have the right to hold the negligent parties responsible.
Who Can Be Held Liable for a Truck Cargo Accident?
Determining liability in a truck cargo accident case can be complex. Depending on the specific circumstances, multiple parties may share fault, including:
- The truck driver. If a driver fails to inspect their load and ensure it's properly secured before starting a trip, they can be liable for resulting crashes. Truckers are required to check their freight at the start of each driving shift and whenever they stop for fuel, food, or rest breaks.
- The trucking company. Carriers are responsible for training their drivers on proper cargo loading and securement procedures. They must also maintain their vehicles in safe operating condition, including repairing any defects that could contribute to a cargo spill.
- The loading crew. Workers at shipping facilities are in charge of actually loading the truck and securing the freight according to industry standards. If they fail to use proper tie-downs, place heavier items on the bottom, or evenly distribute weight, they can be liable for accidents.
- Cargo owners or manufacturers. If a product defect or improper packaging leads to a spill, the company that owns the cargo or the manufacturer who produced it may share liability.
These parties often blame each other when cargo causes a crash, which is why you need experienced truck accident lawyers on your side. The legal team at SJ Injury Attorneys knows how to cut through the finger-pointing to uncover the truth about what happened and who should be held responsible under Texas law.
Evidence Needed to Prove Negligence in a Truck Cargo Accident Case
Building a strong truck cargo accident case requires prompt action to preserve important evidence before it's lost or destroyed. Some key pieces of evidence your Houston truck accident lawyer will seek include:
- The official police accident report
- Photos of the crash scene, damage to vehicles, and road obstacles
- Eyewitness statements about cargo problems
- The truck's "black box" data recorder
- Trucking company cargo loading policies and procedures
- Driver logs showing cargo inspections (or lack thereof)
- Loading dock security camera footage
- Bills of lading and freight documents
- Citations for overweight loads or cargo securement violations
- Truck maintenance and repair records
- Cell phone records showing if the trucker was distracted
At SJ Injury Attorneys, we work quickly to gather and analyze evidence so we can build the strongest possible case for your truck cargo accident claim. We regularly partner with accident reconstruction experts who can scientifically prove how an unsecured load or overweight cargo contributed to your crash and resulting injuries.
Compensation for Truck Cargo Accident Injuries
If you've been hurt in a Houston truck cargo accident, you may be entitled to compensation for damages such as:
- Past and future medical expenses
- Lost wages and reduced future earning capacity
- Pain and suffering
- Disfigurement
- Mental anguish
- Vehicle repair or replacement
In some cases, a court may also award punitive damages to punish a trucking company for particularly reckless cargo loading practices and deter similar misconduct in the future. An example might be if a carrier routinely falsified weight records or encouraged drivers to skip load inspections to meet unrealistic delivery deadlines.
How a Houston Truck Accident Lawyer Can Help
After a crash caused by unsecured truck cargo, you need an experienced Houston truck accident lawyer to protect your rights. The trucking company and its insurers will start building their case right away, often sending rapid response teams to the scene to look for evidence that limits their liability.
When you work with SJ Injury Attorneys, you gain a dedicated legal team with the knowledge and resources to take on negligent trucking companies and win. We'll handle every aspect of your claim, including:
- Investigating the accident to identify all liable parties
- Preserving important evidence before it's lost or destroyed
- Consulting experts to build the strongest case possible
- Calculating your current and future accident-related losses
- Communicating with the trucking company and their insurers on your behalf
- Negotiating aggressively for a fair settlement
- Taking your case to trial if a proper agreement can't be reached