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Improper Loading

Truck Accidents Due to Improper Loading

Semi-truck cargo can weigh tens of thousands of pounds, and that’s not including the weight of the tractor-trailer itself. If said cargo is loaded improperly, the load can come crashing off the vehicle, causing a major accident. Or the cargo can cause an imbalance in the truck, causing the driver to lose control or the trailer to tip over and potentially harm others. 

If a tractor-trailer is packed to its maximum weight, that 80,000 pounds can cause serious damage when improperly loaded. When involved in an accident, the weight alone is enough to cause a potentially fatal crash. The Federal Motor Carrier Safety Administration (FMCSA) reports that only 4% of all truck accidents are cargo-related, but that’s more than enough for it to be one of the top 10 causes of semi accidents. Although, improperly loaded cargo carries the highest percentage of relative risk at 56.3%. 

If you’ve been involved in a semi-truck accident, you could benefit from working with a truck accident attorney. Your AZ truck accident attorney can advocate on your behalf, investigate the details of your claim, and determine who’s responsible for your injuries. You should schedule a free consultation with Wattel & York to discuss maximizing your truck accident claim. 

The Dangers of Improperly Loaded Cargo

The Federal Motor Carrier Safety Administration (FMCSA) regulates cargo-carrying trucks with specific rules that must be followed. Cargo securement regulations state that all loads must be “firmly immobilized or secured” with tie downs, shoring bars, and other structures with the necessary strength to secure the load safely. 

Failing to follow the FMCSA cargo-loading guidelines could cause:

  • Loss of control of the vehicle
  • Lost cargo
  • Rollover incidents
  • Road spills

Common Arizona Truck Loading Errors

Reducing the risk of cargo-related accidents is imperative to securing the load and protecting other drivers. When the equipment used for securing is defective, this can also cause serious accidents. Some of the most common cargo loading mishaps in Arizona include:

  • Illegal loads over the limit
  • Improper blocking and bracing
  • Incorrectly sized or weak tie-downs
  • Loads that obstruct the driver’s view
  • Load verification failures
  • Unevenly distributed cargo
  • Worn-out and overused tie-downs

Consider speaking with a personal injury law specialist if you’ve been in a trucking accident because of truck loading errors. The truck accident law specialists at Wattel & York have experience negotiating and litigating claims just like yours. We can help you recover maximum compensation for your improperly loaded truck cargo accident. 

Federal Cargo Regulations

Improperly loaded cargo will move or shift during transit, which can cause potentially fatal accidents. If a semi-truck driver isn’t careful, they can easily lose control of their vehicle. That’s why the FMCSA created comprehensive rules and regulations regarding how cargo should be secured.

The FMCSA stipulates that truck drivers should check their load every 50 miles initially and every 150 miles thereafter whenever possible. Liquids can be especially dangerous and will shift and move in transit while inside their containers. 

Truck loads must be tied down with webbing, steel straps, and other types of fasteners. The FMCSA also encourages drivers to use inflatable bags to fill up empty spaces to keep commercial goods from sliding around in the trailer. 

Cargo Loading Liability

Every person that interacts with a truck’s cargo can be held liable for accident injuries. This includes the truck’s driver but also includes every person and company that interacts with that truck’s load. 

The trucking company for whom the driver works could be liable if that company failed to properly train the truck driver to secure the cargo properly. If other workers at the company helped the driver secure the load, then the trucking company may face some liability.

Any shipping company that hired the trucking company could also be held responsible if their employees prepare the shipment. The driver is still responsible for periodically checking the cargo and ensuring that it is secured; however, the people who initially loaded the goods may face liability if an accident occurs.

Improper, unsecured, unbalanced, and overweight loads can cause serious accidents. When the trailer is improperly loaded, it could mean that the weight of the cargo is not distributed evenly, the cargo is too heavy, which could affect the handling of the vehicle, or the cargo may not be secured properly, which could cause it to shift around while it is being transported. Any of these types of improper loading could end up causing an accident because they affect the truck’s handling.

That’s why it’s imperative to work with a truck accident law firm with experience handling these types of accidents. Wattel and York are standing by today for all your Arizona truck accident needs. Sit down with us for a no-obligation free consultation and discuss recovering full and fair compensation for your truck accident injuries now. 

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“Amazing people, they had my claim for about a week before they were able to get my truck totaled out. Otherwise I would have been stuck with a truck that had heavy front end damage if they hadn’t stepped in to help me. I tried to deal with my insurance company myself for over a month and that got me nowhere, all I got was a massive headache and a messed up truck. They are very professional and act quickly on your claim. I highly recommend them to anyone who is looking for help.”

Candy J.

2/9/2020

“I was in an accident and decided to call Wattel and York. After months of going to a Chiropractor, I finally felt better. When it came time for settlement, the insurance company was making an offer I wanted to accept, Mr. Wattel advised against it and felt the insurance company was shortchanging me. He recommended I file a lawsuit and that will get them to cave. Well, Dave filed suit, and sure enough, the insurance company increased their offer by $4,000! I am very satisfied with how my case was handled.”

Nardeasha S.

20/20/2020

“Wattel & York were flat out outstanding with my personal injury case. They made the process painless and kept in constant communication throughout the entire time. Any questions I might’ve had were promptly answered and detail oriented. They gave me crucial advice that I would’ve otherwise not been aware of. I couldn’t have asked for more from them. Put your trust in these guys, you won’t be disappointed. Thanks Wattel & York.”

Mattew P.

13/9/2020

“Thank you so much for all your hard work on our behalf! Thinking I could handle it on my own, I was originally reluctant to take my accident claim to an attorney. But I am SO glad I called you instead. Your people were always helpful, pleasant and responsive at every step along the way. You represented us with honesty and integrity and made a traumatic experience as painless as it could be. And best of all, you helped us get a settlement that was fair and far more than I could ever have negotiated on my own! I highly recommend Wattel &York to anyone who has suffered a personal injury.”

Cathy M.

“I was the passenger in a vehicle that was 'T- Boned' at an intersection in 2014. The issues of responsibility and recovery became a difficult and convoluted confusion. I really needed help. This Team at Wattel and York walked me patiently and encouragingly through difficult months, sorting through issues and finally arriving at a satisfactory conclusion. I especially want to name two great and encouraging "warriors" of Wattel and York who directed me along the way..Brian Torba and Melissa Patterson..to them and the whole team I say "Thank You" with heart felt gratitude. Sincerely, God Bless You.”

Robert G.

“Honesty. Integrity. Transparency. Partnership. Wattel & York brought all of these qualities and more to my accident case. I'd love to thank all of the team members who helped me with the process: David Guzman, who conducted the initial interview in my home, Aly Shomar-Esparza, who seamlessly guided me through paperwork and filings, Debbie Harrach, who conducted final review, paperwork revisions and scheduling, and Thomas Grisoni, who counseled me before and attended my deposition. I never felt alone during the arduous process and always knew there was a professional team looking out for my best interest. I highly recommend Wattel & York if you are unfortunately involved in an accident that was not your fault.”

Russ W.

“I was a passenger in a car that got t-boned a few years ago and got a huge gash. I didn't know a lot about lawyers, so I basically just picked one on the flip of a coin. I called Wattel and York and they explained everything, I went into the office and filled out paperwork. Got treatment on my gash over the time I worked with them, glad I did as it opened back up a couple times and bled. They did really good, got me the maximum amount of money, and made sure I was well taken care of. I was updated from time to time so that was good. The only thing I might change is I never got to thank or talk to my lawyer. I think it was because I was already used to dealing with the lady at their Glendale office so they just kept her as my point of contact. So it's okay, I'll thank them with a good review. The last thing I could say about them is months after I thought my case was over they called me and said they had another check for me for a few hundred dollars. Apparently, they negotiated with the hospital I went to after the accident. It was a nice surprise and shows they really had my interests in mind.”

Trent B.

“Wattel & York has been great for me in the past few years. I was involved in a really bad accident while I was on Active Duty in Yuma, Arizona and they have been patient with me every step of the way through a very long process. I would recommend them to anyone thank you for all your help.”

Levy G.

“Appreciate David taking the time to speak with me. He was most kind. From the front line with the receptionist, to him, the firm was a class act all the way around.”

Claire B.

“Dave Wattel represented me and my son on a Personal Injury case from a motor vehicle accident back in 2009. Jake P. handled my deposition and Dave did the Quarterbacking. The insurance company hired NFL referee Ed Hochuli's firm to try and deny our claim. But Wattel & York made it look as easy as Tom Brady on the football field. The result was more than acceptable and my son and I were compensated for our injuries and rehabilitation. Dave Wattel cares about his clients. If I ever find myself in a situation like this again, Wattel & York will be on speed dial!!”

Vince C.

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