Liability for Damages Caused by Unsecured Cargo
Experienced Truck Accident Attorney in Phoenix, AZ
Unsecured and improperly secured cargo loads are a significant contributor to truck accidents in Arizona, and throughout the United States. According to a study conducted by the AAA Foundation, between 2011 and 2014, a failure to properly secure loads led to more than 200,000 crashes, 39,000 injuries, and 500 deaths.
If you have sustained injuries in a truck accident that was caused by an unsecured or improperly secured cargo load, then Arizona law may entitle you to compensation. Contact us at Hirsch & Lyon to learn more about how we can help.
Risks Posed by Unsecured Cargo
Unsecured and improperly secured cargo on trucks pose major accident risks to others on the roadway, including but not limited to:
- Heightened probability of a rollover accident
- Reduced maneuverability of truck
- Unexpected and inconsistent impact on maneuverability of truck
- Danger of loose cargo exiting the truck and colliding with others
Multiple Liability Sources
When litigating a truck accident dispute centered around the damages caused by unsecured or improperly secured cargo, you may be faced with significant challenges (and opportunities) due to the nature of the accident — simply put, responsibility for an unsecured or improperly secured cargo load does not typically rest on the shoulders of a single defendant. In fact, there may be multiple defendants on whom liability can be imposed:
- Drivers and their employers
- Cargo loaders and their employers
How does this work in real-world terms? Consider the following example.
Suppose that you are seriously injured by a truck in an accident where the cargo was improperly secured, causing it to shift during operation and develop into a rollover collision situation. You investigate the case further and discover that there are multiple defendants who can be held liable: 1) the cargo loaders, for negligently failing to secure the cargo so that it was balanced in the truck; 2) their employers, under a theory of vicarious liability or perhaps for their own independent negligence in failing to exercise due care in hiring/supervising the cargo loading employees; 3) the driver, for negligently failing to inspect the cargo and ensure that it was loaded properly; and 4) their employers, under a theory of vicarious liability or perhaps for their own independent negligence in failing to exercise due care in hiring/supervising the driver employee.
Contact Hirsch & Lyon for a Free Consultation
Hirsch & Lyon is a boutique personal injury firm with an exclusive focus on handling motor vehicle accident disputes, including those that involve truck accidents. Our attorneys boast over seven decades of combined experience representing plaintiffs in motor vehicle accident litigation and have a long track record of success in securing favorable results through trial verdicts and negotiated settlements.
There are many firms operating in the personal injury space, but we set ourselves apart through our specialized advocacy, commitment to client-oriented service, and discounted contingency fees. From the start of an engagement, we strive to develop a close and transparent relationship so that we can further their interests more effectively as the dispute progresses.
If you have any questions, or are interested in moving forward with your claims, we encourage you to get in touch. Call us at 602-535-1900 or send us a message through our online form to request a free and confidential consultation with a skilled Phoenix truck accident attorney at our firm.