If you were injured, a truck accident lawyer can help you recover compensation
By Attorney Michael L. Goldberg
Partner, Fried Goldberg, LLC
Cargo securement plays a critical role in trucking safety. Improperly secured cargo can lead to severe accidents, causing devastating injuries to truck drivers, motorists, and warehouse workers. At Fried Goldberg, LLC, we’ve seen firsthand how negligence in cargo loading or inspection can lead to life-changing consequences. If you’ve been injured in an accident involving cargo shifts or falling cargo, understanding your legal rights is essential.
Common Scenarios Involving Cargo Securement Failures
When cargo securement goes wrong, accidents happen. These are the most common scenarios:
- Truck Driver Injuries: Improperly loaded cargo can shift or fall, causing serious injuries when drivers are loading or unloading their trailers. Shifting cargo may also lead to rollovers, particularly when drivers navigate curves at high speeds. In such cases, determining responsibility often involves evaluating whether the truck driver conducted a proper inspection.
- Motorist Injuries from Falling Cargo: Cargo that falls from a moving truck can cause catastrophic injuries to other drivers. Both the truck driver and the company responsible for loading the cargo may be held liable, depending on the circumstances.
- Warehouse Worker Injuries: Warehouse workers or forklift drivers unloading trailers are at risk when cargo is improperly secured. Falling loads can result in severe injuries, often raising questions about whether safety devices were available and used correctly.
Who Is Responsible for Cargo Securement?
Responsibility for ensuring cargo is properly secured can fall on multiple parties, including:
- The Truck Driver: Federal regulations (49 C.F.R. § 392.9) require drivers to inspect their loads for securement before transit. However, drivers are not always able to inspect sealed trailers, which may absolve them of liability in some cases.
- The Shipper or Loader: When the shipper fails to secure the cargo adequately, they can be held accountable for any resulting accidents. This includes instances where improper loading techniques create hazards that are not visible to the truck driver.
- The Trucking Company: Trucking companies share responsibility for ensuring their drivers are trained to inspect cargo and that proper procedures are followed. Failure to do so may expose the company to liability.
Proving Fault in Cargo Securement Claims
Establishing fault in a cargo-related accident requires thorough investigation and evidence, such as:
- Photographs of the cargo and trailer
- Eyewitness accounts
- Inspection records and loading documents
- Expert testimony from accident reconstruction professionals
In some cases, proving fault also involves demonstrating that the injured party, such as a warehouse worker or truck driver, was not comparatively negligent. This can be particularly challenging but is critical to securing fair compensation.
Why Legal Representation Matters in Cargo Accident Claims
Cargo accident claims are complex, often involving multiple liable parties and intricate regulatory standards. At Fried Goldberg, LLC, we know how to handle complex trucking accident cases and understand the nuances of these claims. Our team works tirelessly to investigate every aspect of your case, identify all responsible parties, and fight for the compensation you deserve.
Contact Fried Goldberg, LLC if you’ve been injured
If you’ve been injured in an accident involving cargo shifts or falling cargo, don’t face the challenges of recovering compensation for your losses alone. Fried Goldberg, LLC dedicates over 95% of our practice to representing victims of truck and commercial vehicle accidents. We understand the nuances of these cases and are here to advocate for your rights.
Contact us today for a free consultation, and let us help you get the compensation you deserve.
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