Lost Load Truck Accidents
Unfortunately, sometimes the cargo is not adequately secured and ends up on the highway, which results in a serious injury accident. The federal Motor Carrier Safety Regulations have specific provisions that relate to the procedures that the truck driver must go through to ensure that every load is adequately secured.
Recently a study found that cargo shifting and securement issues were either a primary cause or a contributing factor in at least 7% of 18-wheeler truck racks in the United States. This does not include non-injury accident statistics.
Obviously, shifting cargo or loads that end up on the roadway are a significant danger to other motorists.
The safety regulations require that cargo shall be contained or secured so it does not, leak, spill, blow or fall off the vehicle or fall through the vehicle or otherwise become dislodged from the truck. Further, loads are to be secured so that the load does not shift to an extent that the vehicle stability or maneuver ability is affected adversely.
Truck Drivers Responsible For The Load
It is the driver of the commercial vehicle that is primarily responsible for ensuring that the cargo is properly secured and safely distributed throughout the trailer. To further that responsibility, the driver must inspect the load before each trip to ensure the cargoes safety.
In random stops on the highway roughly 7% of all trucks have safety infractions that may take the vehicle out of service. At least 10% of the safety violations from random checks involved improper loading of a commercial vehicle.
The Federal Motor Carrier Safety Administration provides a loading handbook for drivers to help educate drivers on the save loading procedures and inspection requirements.
Sections 392.9 of the safety regulations provide the specific procedures that a truck driver must follow to ensure the load is secured.
The safety rules provide that the driver must inspect the load to make sure it is secure within 50 miles of beginning the trip and make any necessary adjustments that may be required.
While the primary duty falls upon the truck driver to inspect the load to make sure it is adequately secured and safe the trucking company also has responsibilities under the safety regulations to make sure procedures are in place for ensuring loads are safely secured.
If you have been injured in an accident caused by a semi truck or 18-wheeler losing part of their load contact the Houston 18-wheeler accident attorney at the Baumgartner Law Firm for a free no obligation consultation as soon as possible after the accident.
It is very important that the motor carrier be identified in order to be able to have an opportunity to hold the truck driver and the trucking company accountable.