Commercial trucks carry an enormous amount of cargo. According to data from the American Trucking Association, the industry carried more than 11 billion tons of freight domestically in 2022 alone. Truckers, truck companies, and all other entities involved in the operations have a responsibility to ensure that cargo is well-secured. Loose cargo can cause serious, even catastrophic motor vehicle collisions. It puts drivers and passengers at risk. Here, our Georgia truck accident attorney provides a more comprehensive guide to semi-truck accidents caused by unsecured cargo.
Unsecured Cargo is a Serious Safety Hazard
Unsecured cargo poses a very serious safety risk on Georgia’s roadways. It can endanger drivers, passengers, and pedestrians. When items are not properly secured, they can shift, fall, or spill. A resulting crash could be catastrophic. Here are some of the most notable safety risks:
- Shifting Cargo: Improperly secured cargo can shift within a vehicle or trailer, disrupting its balance. For trucks, shifting cargo can dramatically increase the risk of a crash. It can cause rollovers, jackknifing, or loss of control more generally.
- Objects Falling Off of the Truck: Loose cargo can fall from a vehicle, creating immediate hazards for other road users. Drivers may be forced to swerve to avoid debris—and that can potentially cause a devastating wreck. Falling objects are extremely hazardous. They can be especially dangerous on fast-moving, multi-lane highways.
- Poor Vehicle Handling: Unsecured cargo that moves within a vehicle impacts its handling and braking performance. Among other things, sudden weight shifts can make it harder to steer or stop safely. Trucks with poor handling are more likely to crash.
- The Spilling of Hazardous Materials: Finally, if the cargo contains hazardous substances, a spill can lead to fires, explosions, or environmental damage. As an example, improperly secured fuel or chemicals can cause chain-reaction accidents.
Trucking Companies are Responsible for Properly Securing Cargo
All truck companies have a duty to ensure that cargo is well-secured. The Federal Motor Carrier Safety Administration (FMCSA) has comprehensive cargo securement rules that apply to all trucks that operate in interstate commerce. Most tractor trailers in Georgia are subject to FMCSA safety requirements, including for cargo securement. Here are key points to know:
- The FMCSA mandates that trucking companies use proper equipment, such as tie-downs, straps, chains, and anchor points, that meet specific strength standards.
For example, tie-down devices must be able to withstand a minimum working load limit based on the weight of the cargo. Beyond that, trucking companies are required to train their drivers to inspect cargo and verify that it complies with securement standards. Failure to comply with these rules could lead to a finding of negligence—meaning a truck company may be liable for a crash.
Truck Accident Claims Tip: Identify the Responsible Truck
Georgia is a fault-based motor vehicle accident state, including for semi-truck accidents. What does that mean for your claim? The at-fault party—whether a truck, truck company, cargo loader, or any other party—can and should be held responsible for a crash caused by their negligence. As Georgia is a modified comparative negligence jurisdiction, multiple parties—even the victim—may share legal responsibility for the same crash.
After a truck accident caused by unsecured cargo, it is crucial to identify the specific truck responsible for the hazard. Along with other things, you should try to take note of identifying details such as the truck’s license plate, company name, and any unique markings. If the cargo fell from the truck, document its location and appearance, and gather witness statements if possible. In many cases, the responsible truck may leave the scene, making prompt identification essential for your claim. Your Georgia truck accident lawyer will comprehensively investigate your crash.
Truck Accident Victims Need Full and Fair Financial Compensation
Hurt in a commercial truck accident caused by unsecured cargo and/or a poorly loaded trailer in Georgia? You have the right to pursue compensation for the full extent of your damages, including any future economic or non-economic losses. Unfortunately, you cannot rely on any insurance company to willingly step up and offer a full settlement offer without a fight. Our Georgia semi-truck accident lawyers are always ready to fight to maximize your compensation, including for:
- Property damage, including vehicle repairs;
- Emergency medical treatment;
- Hospital bills and other medical expenses;
- Physical therapy and rehabilitative care;
- Loss of wages and loss of future earnings;
- Pain and suffering & mental distress;
- Long-term disability or physical impairment; and
- Wrongful death of a family member.
Know the Deadline: Statute of Limitations
Truck accident claims are time-sensitive—cases involving unsecured cargo are certainly no exception to the general rule. Under Georgia law (O.C.G.A. § 9-3-33), there is a two-year statute of limitations for commercial truck accident injury claims. If a personal injury lawsuit is not brought in a timely manner, you may lose out on your ability to seek financial compensation at all. Be proactive after a collision: Speak to a Georgia truck accident attorney as soon as possible after a wreck.
Why Trust the Georgia Truck Accident Lawyers at Chance, Forlines, Carter & King
Truck accident lawsuits are complicated. If you were involved in a serious crash caused by unsecured cargo, it is imperative that you take immediate action to protect your rights. At Chance, Forlines, Carter & King, PC, we fight tirelessly to protect the rights of injured victims. Our team has the skills and experience to take on the full range of accidents, including unsecured cargo claims. With a history of verdicts and settlements, we know how to hold trucking companies accountable.
Contact Our Georgia Truck Accident Lawyer Today
At Chance, Forlines, Carter & King, PC, our Georgia truck accident attorneys are standing by, ready to help. If you or your loved one was hurt in a commercial truck accident caused by unsecured cargo, we are here to help. Contact us today for your free, no obligation initial consultation. We handle truck accident claims throughout Georgia, including in Atlanta, Augusta, and Lawrenceville.