Every day, large commercial trucks carry a wide range of cargo across Texas. This includes everything from heavy equipment to hazardous material. If the cargo isn’t properly secured, it can lead to truck accidents.
These incidents not only cause significant property damage but often result in severe injuries and fatalities, especially for those in smaller passenger vehicles. Let’s dive into the details surrounding unsecured freight truck accidents to better understand their causes, risks, and legal implications.
Definition and Examples of Unsecured Cargo Truck Accidents
An unsecured freight accident happens when the cargo carried by a truck shifts, falls, or spills onto the road, potentially causing harm to road users. These incidents often happen when the cargo load isn’t properly secured, leading to unsecured truck load hazards.
For example, if a truck carrying timber fails to secure the logs properly, they can come loose and roll into the roadway. The logs can cause serious accidents. In some cases, when the truck loses its cargo, it can cause it to spin and crash.
Unsecured freight accidents also include accidents involving tankers carrying hazardous materials such as toxic waste or industry chemicals. The consequences of an unsecured freight accident could range from minor incidents involving fallen debris to major catastrophes, such as massive pile-ups or fatal collisions.
Common Causes and Risk Factors Associated With Unsecured Freight
To understand the common causes of unsecured freight accidents, it’s important to examine the various factors that contribute to these incidents. Several elements can play a role in creating hazardous situations on the road. One of the biggest reasons is failing to properly secure the cargo.
If the items being transported aren’t tied down tightly or the straps and fasteners used are weak or damaged, the cargo can move around, spill, or even fall off during the trip. This can cause serious accidents, especially if the truck suddenly stops or makes a sharp turn.
Another major cause is how the cargo is loaded on the truck. Even if the cargo is securely strapped, but the weight is unevenly distributed, it’s still considered an unsecured freight accident.
Equipment problems can also play a big part. Things like broken straps, faulty containers, or worn-out truck parts can fail when they’re needed most, causing the cargo to become unsecured. These problems often happen when regular checks and maintenance are skipped.
Unsecured freight accidents can happen when the truck driver or other responsible individuals fail to inspect the cargo properly. While this isn’t the direct cause of the accident, it can contribute to the chances of it happening. If the cargo isn’t carefully checked to ensure that it’s secured, it could move or fall during the trip, creating dangerous situations on the road. Thorough inspections are important in preventing such accidents.
The Legal Implications of Unsecured Freight Accidents
If you have been involved in an unsecured freight accident, it’s important to understand the legal implications that could affect your case. Establishing liability is often a critical component of such cases. These accidents often involve multiple parties, and determining who is at fault can be complicated.
Those who are at fault would bear the legal responsibility for this accident. This could include the cargo leaders, trucking companies, manufacturers of equipment used to secure the freight, truck drivers, or other third parties involved in the freight loading and securing process.
A key legal implication in such an accident is to check whether any federal safety regulations were violated. The Federal Motor Carrier Safety Administration (FMCSA) has strict rules regarding cargo securement. These regulations specify how different types of cargo must be restrained, the weight distribution on trailers, types of tie-downs to use, and other requirements. If the regulation were violated, the trucking company may be liable.
Unsecured freight accidents can also lead to product liability cases if the equipment used to secure the cargo, like straps or chains, breaks due to a defect. In these situations, the manufacturer or seller of the faulty equipment might be held responsible. If multiple parties share responsibility for the accident, then Texas’ modified comparative negligence rule may apply. This rule can affect how compensation is distributed based on each party’s level of fault.
Our team at Angel Reyes & Associates can guide you on truck accident liability, potential settlements, and other matters related to such cases.
Steps to Take After an Unsecured Freight Accident
If you’re involved in an unsecured freight accident, many steps are similar to those for other car accidents. You should get medical attention right away to treat your injuries and create records of your condition.
These types of accidents require specific actions, like taking photos of the spilled or fallen cargo, the truck, and any damage to your vehicle. Collect witness information and details about the trucking company to help identify who is responsible.
However, avoid speaking with the trucking company or their insurance without first talking to an attorney, as they may try to reduce their liability. Following these steps will help you protect your rights and prepare for legal action.
Safety Tips to Prevent an Unsecured Load Accident
- Tie the cargo down securely: Use strong straps, ropes, or containers to make sure the load is safely fastened. Check everything carefully to prevent it from moving during the trip.
- Spread the load evenly: Make sure the cargo is balanced across the truck. If it’s uneven, it could make the truck unstable and harder to control.
- Check your equipment often: Regularly inspect straps, truck beds, and other tools used to secure the freight. Fix or replace anything that’s damaged.
- Teach drivers and loaders: Train everyone involved on how to properly load, secure, and check the cargo. Teach them the safety rules they must follow on the road.
- Drive with care: Adjust driving for bad weather or tricky roads. Slow down and avoid sharp turns to prevent accidents with unstable cargo.
How Angel Reyes & Associates Can Assist With Legal Proceedings
Truck accidents are complex in any case, but if unsecured freight is a factor, they become even more complex. Unsecured cargo accidents, such as those involving falling cargo or unsecured truck cargo, pose serious risks on Texas roads. With our legal guidance and representation, you can navigate the challenges of truck accident cases.
Securing cargo is a key safety measure to prevent harm caused by unsecured loads and ensure that truck cargo is stable during transit. If you’re affected, a truck accident attorney can help navigate your case and hold negligent parties accountable. To get started, schedule your free case evaluation with a semi-truck accident attorney in Texas.
