The trucking industry is critical to the nation’s supply chain. It’s also a complex industry, requiring multiple entities to follow Federal Motor Carrier Safety Administration (FMCSA) regulations and take all reasonable actions necessary to minimize the risks of a truck accident in Washington and elsewhere. These entities include the trucking company, the truck driver, truck maintenance services, and freight loading companies. The FMCSA has essential safety regulations in place to ensure that a truck’s cargo is properly balanced and well-secured by the appropriate fasteners. An unsecured load presents a significant safety hazard to others on the road. Make sure to speak with an experienced Marysville truck accident lawyer for legal guidance if you were involved in an accident.
What are the Dangers of Unsecured Truck Cargo?
Commercial trucks can legally weigh up to 80,000 pounds when fully loaded, far outweighing standard family cars, which typically weigh around 4,000 pounds. This size discrepancy places vulnerable motorists in smaller vehicles at a high risk of severe or catastrophic injuries in a crash.
A truck driver is not always at fault for an accident. An unsecured or improperly secured load is sometimes the cause of an accident. A suddenly shifting load may lead to the following:
- Cargo spill accidents resulting from unsecured freight spilling debris from the truck’s trailer
- Accidents such as collisions, rollovers, and jackknife accidents may be caused by the force of suddenly shifting cargo, throwing the truck off-balance
- Accidents caused by the loss of vehicle control caused by shifting cargo
- Collisions resulting from increased braking distance due to cargo suddenly shifting forward during a slowdown or stop
Unsecured loads can also cause property damage to other vehicles or structures when falling freight impacts windshields, car panels, or roadside buildings.
Understanding Liability In a Washington Unsecured Truck Load Accident
Washington’s fault-based insurance laws require accident victims seeking compensation for their injury-related losses to file a claim against the party at fault for the accident. In truck accident claims, this can quickly become complex because there are many potentially liable parties depending on the cause of the accident. Many truck accident claims are filed against the truck driver, the trucking company, a negligent truck maintenance company, or a negligent freight loading company. After an unsecured load causes an accident, the party responsible for loading the cargo is typically the freight loaders. In some cases, manufacturers of defective securing devices have been held liable for damages after unsecured load accidents. Proving liability requires documenting evidence showing the following:
- The at-fault party owed a duty of reasonable care to the injury victim
- They violated their duty of care
- The violation of duty caused the accident and injuries
- The injury victim suffered damages from the injury
After an accident, the insurance company involved investigates with the goal of protecting company profits. An accident victim’s attorney prioritizes the injury victim’s best interests by compiling evidence of the at-fault party’s liability.
What Damages are Recoverable In a Washington Unsecured Load Truck Accident Claim?
About 70% of truck accident injuries occur to those in smaller vehicles, not the truck driver. Injury victims in truck accident cases often suffer devastating harm with substantial damages. A successful claim recovers compensation for damages such as the following:
- Reimbursement for medical expenses
- Anticipated future medical expenses
- Lost earnings
- Future income loss
- Diminished earning ability
- Pain and suffering
In catastrophic injury cases, additional compensation may be available for damages such as loss of limb, disfigurement, loss of one of the senses, diminished quality of life, or wrongful death benefits paid to the family member of a fatally injured victim.
How Can a Truck Accident Attorney From Wells Trumbull Help?
Instead of leaving your case in the hands of an insurance company that may be ready to protect its profits at your expense, call a Marysville personal injury lawyer from Wells Trumbull for experienced legal representation throughout your claim, maximizing your chances of a favorable result.