Improperly Secured Loads
It is estimated the commercial truck industry transports nearly 11 billion tons of cargo a year. The drivers who operate these massive vehicles are responsible for ensuring their loads are properly secured. Improperly secured cargo can cause detrimental injuries to others on the road.
Accidents caused by an improperly secured load on 18-wheelers can occur in numerous ways. The cargo may be top heavy and cause the truck to overturn. If the materials are not properly secured, they can fall off the trailer and onto the roadways causing massive pileups. No matter the cause, a truck with improperly secured cargo is dangerous to everyone on the road.
Los Angeles Truck Accident Attorney
It’s advised you seek legal representation if you have been injured because of another’s negligence. Yarian & Associates, APC has 20 years of experience litigating and negotiating on behalf of injured Californians. We know how challenging it can be to juggle legal issues and injuries, which is why you need an attorney who will put you first.
Call (844) 291-1911 to schedule a free case consultation. Yarian & Associates, APC represents clients injured in trucking accidents in areas such as Los Angeles, Visalia and Riverside.
- Cargo Regulations
- Who is Liable in a Trucking Accident?
- Common Injuries in Truck Accidents
- California Personal Injury Laws
- Additional Resources
Commercial truck drivers must abide by state and federal cargo regulations. If a truck driver fails to comply with these regulations, they can be penalized under the law and be held accountable for any accidents that occurred. The Federal Motor Carrier Safety Administration (FMCSA) is the governing body regulating commercial truck cargo.
According to the FMCSA, cargo on trailers must be secured with a proper securing device. Examples of a proper securing device can include wire rope, grab hooks, D-rings, chains and synthetic webbing. The chosen securing device must also be in proper working order. This means no knots, weakened sections or apparent damage.
Whether the cargo is on a flatbed trailer or fully contained, the FMSC requires all loads to meet one of the following conditions:
- Be fully contained by a structure of adequate strength
- Be immobilized by a structure of sufficient strength or a combination of blocking and bracing to prevent tipping or shifting
- Be immobilized or secured by a tie down along with the following:
- Friction mats
- Void fillers
- Other cargo
These regulations are just the tip of the iceberg when it comes to commercial truck regulations. As mentioned earlier, a commercial truck driver failing to abide by these guidelines can result in the driver being liable for any injuries caused.
Who is Liable in a Trucking Accident?
Determining who is liable in a truck accident is crucial for a successful personal injury or wrongful death case. Determining this liability is more complicated than determining who’s responsible for a standard vehicle accident, so it’s crucial you have legal representation on your side.
To have a successful case, you will have to prove negligence played a role in your injuries. Common examples of negligence can include:
- Having an improperly secured load
- An overworked driver
- Poorly maintained truck
- Distracted driving
- Driving under the influence
- Failing to abide by road laws
Most people assume the truck driver is the one liable for a trucking accident. This is not always the case. There is a web of entities who could be responsible for your injuries. Some of these parties can include the truck driver, the owner of the truck or trailer, the entity that leased the truck to the owner, a truck manufacturer of the individual who loaded the cargo.
A personal injury claim is not a DIY project. Identifying who is responsible and gathering all the necessary evidence is a challenging and time-consuming process that should be done under the guise of an attorney.
Common Injuries in a Truck Accident
Due to the sheer size of 18-wheelers, semi-trucks and other commercial trucks, the injuries that are sustained are normally severe. You should not be left paying for these injuries, especially if they were caused at the hands of another.
Examples of injuries commonly sustained in a commercial truck accident include:
- Neck and back injuries
- Broken bones
- Head injuries
- Brain injuries
- Crush injuries
- Internal injuries
- Paralysis and spinal cord injuries
- Wrongful death
You deserve to be compensated for the injuries caused by another’s negligence. But before you file a personal injury case, it’s wise to be familiar with the state’s personal injury laws. For one, you have two years from the date of your injuries to file a claim in court. This is called a statute of limitation and failing to file within this time frame will result in the court refusing to hear your case.
California is a comparative negligence state. In basic terms, this means you will receive a reduced settlement if you are found to be partially to blame for the accident. For instance, say an 18-wheeler runs a red light, but you were speeding well over the speed limit. You might share 10 percent of the blame while the truck driver shares 90 percent. Under the state’s comparative negligence rule, your compensation will be reduced to the total amount minus your share of fault. Say the settlement is $100,000. You would only receive $90,000 since you shared 10 percent of the blame.
The Golden State will not grant you non-economic damages if you are an uninsured driver, even if the truck driver is entirely at fault for the accident. That being said, there is an exception to this rule. The court will grant an uninsured driver non-economic damages if the truck driver was convicted of DUI in connection with the accident.
You have the right to economic and non-economic damages if you are an insured driver. Non-economic damages compensate things like pain and suffering, mental anguish and physical impairment. As the name implies, economic damages cover monetary costs such as medical bills, lost wages and vehicle repairs or replacements.
Damages for Wrongs | California Civil Code – Follow the link provided to read the section of the civil code governing non-economic damages for uninsured drivers. You can find a list of scenarios that can result in the loss of non-economic damages and when an uninsured driver is eligible for the compensation.
Cargo Securement | FMCSA – Read through a list of cargo regulations a truck driver is required to abide by. You can read further about the regulations mentioned on this page and learn about other regulations such as how logs, metal rills and concrete pipes should be secured. The information can be read on the official website of the Federal Motor Carrier Safety Administration.
Los Angeles Personal Injury Lawyer
Yarian & Associates, APC has a team of personal injury attorneys who are experienced with California civil law. We have been able to achieve settlements in the millions for clients who were injured in a trucking accident and want to do the same for you. Do not settle with your insurance company. Let Yarian & Associates, APC handle your case.
Call (844) 291-1911 to schedule a time to speak with us. We represent clients in communities across Los Angeles County and Tulare County such as Inglewood, Carson, Woodlake and Tipton.