Improperly Loaded Cargo or Lost Load
Motorists in Northern California understand that they must share the road with large commercial trucks. The trucking industry is a vital part of the American economy, as it is responsible for transporting billions of tons of goods each year. The average tractor-trailer combination can weigh up 80,000 pounds when fully loaded. With such large amounts of weight being carried, it is absolutely imperative for drivers and trucking companies to ensure that a truck’s cargo is properly loaded, secured, and balanced. Failure to properly maintain cargo can result in instability, lost loads, and serious accidents.
At Corsiglia McMahon & Allard, L.L.P., our experienced personal injury attorneys have been helping accident victims throughout the region since 2006. If you or someone you love have been injured in an accident caused by unsecured cargo or a shifting load, we can assist you in recovering full compensation for your injuries.Accidents Related to Improperly Loaded Cargo
Improperly loaded cargo can contribute to accidents in several ways. It is, unfortunately, not uncommon for a load that is not tied down securely or covered adequately to come loose and break apart on the roadway. In more extreme cases, the cargo can actually hit other vehicles as it falls from the truck. Depending on the type of cargo, the damage can be severe and possibly deadly.
Improperly loaded cargo can also cause problems even if it does not break loose. For example, a load that is not well-balanced can make the truck nearly impossible to handle, especially when the everyday dangers of the road arise. A small steering correction with an unbalanced load could cause the truck to roll over or jackknife, potentially leading to serious injuries. Similarly, an overloaded truck—or even a single overloaded axle—makes braking much more difficult for the truck driver.
A truck driver lost his life in a tragic accident on Highway 33 in 2017 when a tire on his truck blew out, overturning the vehicle. Attorneys Robert Allard and Mark Boskovich reviewed driver logs, maintenance records, and other documents to determine that the truck had been overloaded at least nine times on the day of the tire blowout. This pattern of behavior, along with poor maintenance standards, allowed our team to secure a settlement of $3.75 million for driver’s widow and two children.
While the driver of a large commercial truck is accountable for ensuring that the truck’s load is properly secured and balanced, there may be other parties who may share in the liability when an accident occurs. A warehouse crew, for example, may be responsible for loading a particular truck, and the truck may have several stops along its route. At each stop, a different set of workers could be tasked with unloading a portion of the cargo. Finally, if the owner of the truck or the transport company fails to establish or enforce safety protocols regarding the securing of cargo, they may also have some liability.
It can be very difficult to determine which parties may have contributed to an accident caused by improperly secured cargo or lost loads. When you choose Corsiglia McMahon & Allard, L.L.P., we will conduct a full investigation into the circumstances of your accident. We will review driver logs, delivery records, and any other documents that can help us piece together exactly what happened. From there, we will work to hold any and all negligent parties accountable for their actions.Call (408) 289-1417 Today
Our firm has recovered millions of dollars in verdicts and settlements for our clients. In doing so, we have helped and continue to help make the streets and highways of California safer for everyone.
If you have been involved in an accident caused by unsecured or falling cargo, contact our office. Call (408) 289-1417 to schedule a free consultation today. We have successfully handled truck accidents throughout the San Jose and San Francisco Bay Area, including but not limited to Highway 17, Highway 152, Highway 101, Highway 1, Highway 680, Highway 580, and Highway 5.