The safe operation of commercial trucks requires ensuring the proper loading of cargo onto the truck or trailer. Putting too much cargo on a truck, failing to balance the load, or not securing cargo can lead to a life-altering truck accident that injures innocent victims.
If you have suffered injuries due to an improperly loaded truck in New York City, turn to an unsecured truckload accident lawyer from The Perecman Firm, for the legal representation you need to seek the compensation you deserve.
Our attorneys have over 40 years of legal experience in some of the most complex catastrophic injury cases in New York City. We have dedicated our careers to fighting for the rights and interests of people injured in truck accidents caused by the negligence of others. Our legal team has a proven record of success, having won over half a billion dollars in settlements and verdicts for injury victims in New York. Our personal injury litigators have received multiple recognitions for their work, including from Super Lawyers®, The Best Lawyers in America®, and the Multi-Million Dollar Advocates Forum®.
Contact The Perecman Firm, for a free initial case review with one of our truck accident lawyers for wrecks caused by unsecured loads. Let our firm help you pursue accountability and financial relief from a negligent truck driver, trucking company, or other parties so you can begin to move forward after a devastating unsecured freight accident.
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What Is Considered an Unsecured Truckload?
A truck may have an unsecured cargo load if the truck driver, trucking company, cargo loaders, or others fail to use equipment such as blockers, bracers, or tie-downs to prevent cargo from shifting around the cargo hold or falling off the truck on the road.
How Improperly Loaded Trucks Cause Crashes in NYC
Improper loading of cargo on commercial trucks can cause accidents in several different ways, such as:
- Overloading cargo onto a truck beyond the truck’s hauling capacity or beyond legal limits for gross vehicle weight, gross cargo weight, or axle weight can make it difficult for the truck driver to maintain proper control over the vehicle. An excessive cargo load also increases the risk of a mechanical failure such as a brake failure or tire blowout.
- A top-heavy cargo load increases the risk of a rollover accident, especially when a truck travels around a banked curve or in high winds.
- An unbalanced load, with cargo weight concentrated toward the back or front of the truck or one side of the truck, can make it difficult for the truck driver to maintain control of their vehicle. An unbalanced load may increase the risk of a sideswipe, jackknife, rollover, or other types of accidents.
- Unsecured cargo can shift around during travel and cause the truck driver to lose control of the vehicle. Unsecured cargo also risks falling off the truck onto other vehicles or the road, posing a collision hazard to other drivers.
New York Requirements for Truck Loads
New York State requires truck drivers to learn how to safely load cargo to receive a commercial driver's license (CDL). Drivers must inspect their cargo load as part of the pre-trip inspection and again within the first 50 miles of a trip. The state recommends rechecking cargo every three hours or 150 miles and after every break during a duty shift.
- Drivers must keep their cargo within legal limits, ensuring that their vehicle does not exceed the maximums for gross cargo weight, gross vehicle weight, and axle weights.
- Drivers must ensure a balanced, even distribution of cargo weight through the truck or trailer, which includes loading heavier cargo toward the bottom to avoid a dangerously high center of gravity for the vehicle.
- Drivers must also install blocking, bracing, or tie-downs to prevent cargo from shifting or falling off the truck during travel.
What Kinds of Injuries Are Common for Unsecured Truck Accident Victims?
Some of the injuries that victims of NYC truck accidents caused by unsecured cargo may suffer include:
- Lacerations and degloving injuries
- Burns from post-accident vehicle fires
- Toxic exposure to hazardous cargo
- Dislocated joints
- Ligament sprains and tears
- Muscle and tendon strains and tears
- Broken bones
- Whiplash
- Nerve damage
- Herniated spinal disc injuries
- Crush injuries
- Internal organ injuries and internal bleeding
- Spinal cord injuries and paralysis
- Head and facial injuries
- Traumatic brain injuries
- Traumatic amputation, dismemberment, and limb loss
Who Could Be Held Liable for My Injuries Caused by an Improperly Loaded Truck?
Multiple parties may have liability for a truck accident caused by improper loading of cargo, including:
- The truck driver – Truck drivers must inspect their truck’s cargo load to confirm that the load falls within legal weight limits and proper balancing and securing of cargo. Drivers who fail to conduct adequate inspections may have liability for an unsecured freight accident.
- The trucking company – The trucking company may have employer liability for an improper cargo load truck accident caused by the truck driver’s negligent inspection. Or the trucking company may have direct liability for the accident if it loaded the truck or trailer.
- The cargo or freight company – Some cargo and freight companies load cargo onto the truck or trailer and may have liability for an accident caused by an unsafe cargo load.
Potential Compensation for People Hurt in Unsecured Load Accidents
After an unsecured load accident, you may have the right to pursue compensation for the losses you have sustained due to your injuries, including for:
- Medical care and rehabilitation services, including hospitalization, surgery, prescription medication, medical and mobility equipment, and physical and occupational therapy
- Long-term care and support for permanent disabilities that result from your accident injuries
- Loss of income due to missed work or reduced earnings on part-time or modified duty during your recovery period
- Loss of future earning capacity and job benefits after suffering permanent disabilities
- Physical pain and emotional distress or trauma
- Loss of enjoyment and quality of life
- Costs of repairs to your vehicle or reimbursement for the value of your totaled vehicle
Call Our NYC Unsecured Truck Load Lawyers Today
Contact The Perecman Firm, today for a free, no-obligation consultation to discuss your legal options with an NYC unsecured truckload accident attorney. Our firm can assist you through the claims process as you pursue the compensation and financial resources you need for your recovery.