The trucking industry hauls the vast majority of freight around the country. The most common trucks are semi-trucks, also called 18 wheelers, which can carry several tons of freight in a trailer. We see these trucks pulling up to loading docks to pick up freight or drop it off at an Atlanta business.
Sometimes, improperly loaded trucks end up causing a serious accident. Call Stewart Miller Simmons Trial Attorneys at (404) 529-3476. One of our truck accident lawyers can discuss what happened. If the load shifted, or if the truck was overloaded, then you could sue for the crash. We want to hear your story today in a free consultation.
Problems with Freight
Dock workers must carefully load freight so that a truck does not crash. Some considerations include:
- Weight limits. Trucks have weight limits, and going over the limit will create problems. An overloaded truck can crash because it takes more time to come to a full stop. An inexperienced trucker might not know they need to brake much earlier.
- Uneven weight distribution. If the cargo is unevenly distributed, then one side of the truck is heavier and might tip over. If the truck is overloaded toward the front of the trailer, then a truck could encounter problems when it tries to brake.
- Load shifts. Sudden load shifts during a trip are scary. The truck might have been properly balanced at the start of the trip, but due to failure to secure the load, it shifts during the trip and the truck becomes unmanageable.
- Cargo loss. Some cargo can come spilling out of a truck, which causes other problems. Motorists sharing the road will need to dodge items flying out of a truck, probably leading to accidents.
Accidents Related to Cargo Problems
Some of the accidents we see related to problems with the cargo include:
- Override accidents. An overloaded truck can fail to stop in time, leading the truck to ride up onto the smaller vehicle in front of it. The heavier truck can crush and possibly kill anyone in the car in front.
- Jackknife. A tractor-trailer can fold into itself when cargo shifts. The trailer can swing to the side and run over smaller, lighter vehicles in adjacent lanes.
- Rollovers. A trailer can roll onto its side and land on top of other vehicles, causing crush injuries and often death. This might happen when the weight in the truck suddenly shifts, changing the center of gravity.
- Multi-vehicle pileups. Trucks which crash on the highway can lead to dozens of vehicles crashing into each other.
These are some of the worst accidents on the road. Our clients can suffer major injuries, including brain injuries and back injuries when involved in any collision with a big rig. Call our office to speak with an experienced Atlanta truck accident lawyer.
Who is Legally Responsible for an Accident Caused by a Load Shift?
The most important step in any truck accident case is assigning liability. This means identifying who is “at fault” for the collision. Here are some of the possible defendants when a cargo shift leads to a crash:
- Loading company. Whichever company loaded the truck could have been negligent in performing this task. They could have loaded the cargo in an unbalanced fashion or failed to properly secure/tie it down.
- Trucking company. The trucking company could have liability if their trucker didn’t perform a pre-trip inspection or continued to drive knowing the truck was unbalanced. The company might also have a policy in place of overloading their trucks to save on the number of trips and, ultimately, increase company profits. This type of policy endangers the public and could make the company liable.
- Product manufacturers. The restraints used might be defective in design or manufacturer, in which case we might sue whoever designed or sold the product.
These are some of the most common legal claims. It is helpful to investigate as soon as possible. We can request compensation for all specific and general damages, including medical bills and pain and suffering.
If a loved one perished in the wreck, then we might file a wrongful death claim against the at-fault party. These lawsuits are one way to receive compensation for funeral expenses, emotional suffering, and lost financial support or services.
Evidence for a Load Shift Accident
Most of our clients are injured in dramatic accidents. One second they are heading out to work; the next they are in horrifying pain. They probably have no idea what happened or who is to blame.
Call us. Our truck accident lawyers will investigate and collect evidence to use in settlement discussions. Some important pieces of evidence include:
- Witnesses. They can establish what happened: “The truck didn’t stop”; “the trailer rolled over and landed on that car.”
- Maintenance records. A commercial truck driver should perform a pre-trip and post-trip inspection of the vehicle. We can request these records. If none exist, then this is proof of negligence.
- Company policies. These policies could establish liability if they instruct workers to cut corners or improperly instruct them in how to restrain cargo on a truck.
- Truck inspection. If you contact us early enough, we will try to inspect the truck involved in the crash. We might find that the straps or restraints are defective.
- Video. The accident might have been captured on video, which could show the truck rolling onto its side or jackknifing.
- Truck data. The data from the electronic logging device (ELD) could show the trucker tried to stomp on the brakes but the truck wouldn’t stop in time. That is some evidence that the truck was overloaded or some other cargo problem led to a collision.
Our firm is ready to work with expert witnesses to fully analyze all pieces of evidence, including potentially defective products. Trucking companies employ their own witnesses, so you should reach out to an experienced attorney.
Free Consultations for Injured Victims
Stewart Miller Simmons Trial Attorneys is standing by to help a truck accident victim. Call our office, (404) 529-3476 to schedule your consultation with our office.