Call Us!How Unsecured Loads Can Cause Truck Accidents
Any cargo on a truck that is not properly fastened, restrained, or contained, violating Federal Motor Carrier Safety Administration (FMCSA) rules, is considered unsecured. The FMCSA requires cargo securement systems to withstand specified deceleration and acceleration forces.
A system must prevent cargo from shifting under 0.8 g deceleration in the forward direction, 0.5 g acceleration in the rearward direction, and 0.5 g acceleration in a lateral direction. Basically, a cargo securement system must be able to withstand a force equal to 80% of the weight of the cargo when braking, 50% when reversing, and 50% when turning.
The FMCSA also requires truck drivers to inspect cargo before driving to ensure it’s properly loaded and secured, and then every three hours or 150 miles, whichever comes first.
Colorado law also prohibits a vehicle from being driven or moved on any highway if its load is not securely covered to prevent blowing, dropping, sifting, leaking, or otherwise escaping.
Violating the Colorado and federal laws that regulate cargo securement can cause an accident. At Bachus & Schanker, we help injured victims establish responsibility for accidents caused by unsecured truck loads.
How Do Unsecured Loads Cause Truck Accidents?
Unsecured loads can cause a truck accident in several ways, including:
- Weight shifting: Cargo weight in a trailer should be distributed properly. The recommended distribution is 60% in the front half of the trailer and 40% in the back. When cargo is not secured, it can move, creating a weight imbalance that can lead to trailer swaying, jackknifing, loss of control, and a rollover accident.
- Increased stopping distance: Unsecured cargo that shifts to the front places too much weight behind a truck’s cab. This increases the truck’s momentum and the stopping distance, increasing the likelihood of the truck crashing into a car ahead.
- Brake failure: Improperly distributed cargo overloads certain axles and puts excessive pressure on specific brakes. This can increase the risk of a brake failure or a tire blowout.
- Falling objects: When cargo is not properly secured in a flatbed, it can fall off. These projectiles can directly strike other vehicles or force drivers to engage in dangerous evasive maneuvers. Fallen cargo on the road also creates a hazard.
- Spills and leaks: Improperly secured hazardous materials pose severe risks to other road users. When such materials spill or leak, it can cause burns, respiratory issues, toxic inhalation, or even fires/explosions.
- Overloading: Some truck load accidents occur because the truck was overloaded. Combining excessive weight with unstable cargo is extremely dangerous.
The types of accidents commonly caused by falling or shifting cargo are rollover, jackknife, rear-end, underride, and chain reaction accidents.
The common injuries reported in these accidents include head injuries, traumatic brain injuries (TBIs), broken bones, spinal cord injuries, internal organ damage and bleeding, lacerations, soft tissue injuries, and burns.
Why Are Unsecured Loads Especially Dangerous On Colorado Highways And Mountain Roads?
Trucks with unsecured loads on Colorado highways and mountain roads are exceptionally dangerous. This is because the steep downgrades force heavy trucks to rely on braking systems, and the sharp curves result in a truck driver frequently making sharp turns.
Colorado also experiences severe high winds and gusts, especially along the roads in the mountains. These winds, often combined with steep, narrow roads, can pose an extreme risk to a truck with cargo that keeps shifting.
Who Can Be Held Liable For An Unsecured Load Truck Accident In Colorado?
Several parties may be held liable for an unsecured load truck accident, including:
- The truck driver: If they fail to inspect the cargo before driving and regularly during the trip.
- The trucking company: If it acts negligently, for example, failing to train or supervise its drivers. Or under vicarious liability, if the truck driver is an employee.
- The cargo loading company: A third-party company hired to load cargo can be held liable for an accident if it fails to load or secure cargo properly.
- The truck/parts manufacturer: If an accident resulted from defective cargo-securing equipment, such as faulty straps or trailer tie-downs, a manufacturer may be answerable.
- Maintenance provider: If the truck’s equipment, such as locking mechanisms, was faulty due to poor maintenance, the maintenance provider may have acted negligently.
Multiple parties can be responsible for a truck accident involving unsecured cargo. You should gather enough evidence to hold all negligent parties liable.
How Does Colorado’s Comparative Negligence Law Affect Truck Accident Claims?
You can only recover damages in a truck accident claim if your negligence is less than the total negligence of all defendants. Additionally, if you are found to be partially negligent, your compensation will be reduced by your percentage of fault.
Partial fault can occur when cargo falls off a flatbed truck, but a vehicle behind is not maintaining a safe following distance. So, the driver doesn’t have enough time and space to respond safely.
What Evidence Is Used To Prove That An Unsecured Load Caused A Crash?
- Photos and videos taken at the accident scene showing damaged cargo securement systems, debris on the road, and skid marks
- Surveillance/dashboard footage
- The police report
- Cargo records (bill of lading and weight station records)
- Driver inspection reports
- Truck maintenance records
- Event Data Recorder (EDR)/black box data
- Witness statements
What Should You Do After A Truck Accident Caused By Unsecured Cargo?
Here is what to do after a truck accident:
- Call 911 if anyone is injured.
- Seek immediate medical attention.
- If you can safely move around, document the scene, or ask someone to help you.
- Exchange vehicle and personal information with the truck driver.
- Collect witness information.
- Contact an attorney.
What Compensation Can You Recover?
When you are involved in a truck accident caused by unsecured cargo, you can recover:
- Economic damages: Medical expenses, property damage, lost wages, and loss of future earning capacity.
- Non-economic damages: Pain and suffering, mental anguish, loss of quality of life, and disfigurement.
- Punitive damages: If the accident involved gross negligence.
How Will Trucking Regulations Impact Your Case?
FMCSA rules and Colorado trucking laws will impact your case in numerous ways. For instance, you need to prove that the driver violated FMCSA regulations or that their actions violated Colorado laws for securing cargo.
Understanding trucking regulations helps you determine whether a mistake was committed and how to build a strong case.
How Can A Colorado Truck Accident Lawyer Help You?
It’s crucial to contact a truck accident lawyer soon, ideally after seeking medical attention, to preserve evidence.
So, what does a truck accident lawyer do?
Your lawyer will help you gather crucial evidence to prove liability. They will investigate the case thoroughly to identify any violations of FMCSA regulations or Colorado laws.
Moreover, they will work with professionals, such as an accident reconstructionist, to learn more about the crash and the losses you have suffered to build a strong case and, in turn, secure maximum compensation.
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