Improper Cargo Loading and Truck Accident Liability

Phoenix Truck Accident Lawyer

In the realm of motor vehicle accidents, truck accidents are uniquely dangerous — particularly those that involve large trucks that may be loaded with cargo.  Trucks tend to be heavier than other vehicles, and as such, the impact forces in an accident are likely to be much more severe.  The aggregate force of impact can lead to serious (if not catastrophic) injuries or even death.

Truck accidents can occur for a number of reasons, but among the more common types of truck accidents are those that are caused by improper cargo loading.  Improper cargo loading involves cargo that is not adequately secured (and is therefore prone to sliding or tumbling in the back of the truck), or cargo that has been placed in such a way that it creates a structural imbalance.

Let’s examine this issue more closely.

Improper Cargo Loading Can Create a Substantial Rollover Accident Risk

Improper cargo loading — whether the cargo has not been secured properly or has been placed in a manner that creates a fundamental weight imbalance — can lead to a rollover accident in many cases, particularly situations where the driver is taking a sharp turn.

Drivers may be additionally liable for failing to take into account their cargo load.  For example, if a truck driver is carrying a full load of cargo, they should be careful to slow down when taking turns and shifting lanes so as not to create a rollover accident.  Drivers must be considerate of the unique circumstances under which they are operating the vehicle.  Failure to do so could lead to significant civil liability.

Multiple Defendants May Be Liable, Depending on the Circumstances

Improper cargo loading may expose multiple defendants to civil liability, depending on the circumstances surrounding the accident.  Parties whose negligence may have contributed to improper cargo loading include, but are not necessarily limited, to the following:

  • Driver (who may not have properly evaluated the balance of cargo in their vehicle before setting off on their journey)
  • Physical laborers who loaded the cargo itself (who may have failed to follow the requisite procedures/plans ensuring that the cargo was properly loaded in a balanced manner)
  • Supervisors who failed to properly guide the cargo loading workers
  • Shipping company (who may not have established adequate protocols to limit the risk of improper cargo loading)
  • And more

This can be an incredible opportunity for the injured plaintiff, as it enables the plaintiff to secure a payout from multiple different sources in the event that one of the defendants does not have the resources to cover their damages in full.

Schedule a Free and Confidential Consultation With an Experienced Phoenix Truck Accident Lawyer

Here at Hirsch & Lyon, our attorneys have decades of experience representing the interests of those who have been injured in truck accidents, including those that resulted from improper cargo loading.  Improper cargo loading in the truck accident context exposes others on the roadways to an excessive and unreasonable risk of harm — trucks are already at a heightened risk of a rollover accident, and improper cargo loading can further exacerbate this risk.

We have a results-oriented approach to litigation.  It is our belief that aggressive and relentless representation is critical to securing justice, particularly in cases where the defendant is uncooperative or otherwise hostile to the client.  This approach has paid dividends over the years.  We have litigated numerous motor vehicle accident claims and have successfully obtained favorable verdicts and settlements on behalf of injured clients, with over $100 million recovered in total.

Interested?

Call 602-535-1900 or submit an online case evaluation form to schedule a free, confidential, and no-obligation consultation with an experienced Phoenix truck accident lawyer at Hirsch & Lyon today.

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What Our Clients Are Saying

"First car accident I was in and really I had no idea what to do. I went with Jack Hirsch. There office kept me informed on everything that was going on. At the end Jack's assistant, Mickaela, worked very hard to get me additional money I didn't think I had coming. I would recommend Hirsch and Lyon to anyone."