Lost LoadLost 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 is 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 maneuverability 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 cargo’s 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 safe 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.
Our Houston truck accident law firm recently represented a truck driver who was seriously injured when the big rig flipped due to improper loading. The insurance company paid out substantial demand after we filed the lawsuit.
If you have been injured in an accident caused by a semi-truck or 18-wheeler losing part of its load. Call 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.
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Houston Car Accident Claims:From Start To Finish
An Interactive Guide
You hear metal crumpling. Someone just hit your car. Maybe they ran a red light or lost control of their vehicle. Maybe you were rear-ended by a teenage driver on her cellphone.
Either way, you’re angry and frustrated. You have things to do. Places to go. But now, you're standing beside your damaged vehicle waiting for the police to arrive. You start to feel some neck pain.
All that to say: A single, unexpected moment changed everything.
A car accident can strike at any time. Whether you are on your way to work or headed to the store, it doesn’t matter. It’s moments like these that cause the government to require everyone to buy insurance.
A Guide For All Car Accident Victims
In this guide, you will learn:
- How To Handle Yourself When Disaster Strikes
- How To Ensure The At-Fault Insurance Company Covers Any Property Damage And Injury Expenses.
- What Injury Lawyers Do And How They Can Help You.
Get To Safety
Prevent Further Damage & Injury
If you find yourself in the middle of the intersection or on the freeway, you first priority is to move all persons (and vehicles if possible) out of the way of oncoming oncoming traffic.
Survey The Damage
Call The Police + Gather Evidence
After getting to safety, you should immediately dial 911. Make sure to alert the dispatcher if there are any serious injuries.
As you wait for help to arrive, you have 3 goals:
- Identify Extent of Injuries
- Identify Witnesses
- Identify Vehicle Damage
Pro Tip: Use your cell phone to record a statement from the other driver, as well as to store contact information for the other driver and any witnesses.
Should I Take?
Take Photos Of The
Other Driver's License
Damage On Both Vehicles
License Plate Of
Insurance Policy Of Other Driver
Get Medical Help
Your Health Is #1
After emergency help arrives, it is important to seek medical treatment. Even if you don’t feel injured, it is important to get checked out for any internal injuries.
Be sure to go in for any follow-up checkups or procedures.
Pro Tip: If you wait before seeking medical treatment, the at-fault insurance company may argue that your injury wasn’t serious and that you don’t deserve compensation for medical expenses.
- Internal Bleeding
- Broken Ribs
- Punctured Lungs
Whiplash is caused by a sudden forward or backward jerking motion of the head, which can damage the intervertabral joints, discs, ligaments, cervical muscles and nerve roots. Symptoms of whiplash manifest in neck pain, dizziness, sleep disturbances, fatigue, headache, lower back pain and sometimes numbness in the arm or hand.
Internal bleeding is caused by blunt trauma, and varies depending on the forces involved and the individual. It cannot be seen outside of the body, and it may occur within organs, tissues and body cavities including the abdomend, chest, spinal canal and head.
It takes aproximately 4,000 Newtons (measurement of force) to break or crack a rib. The symptoms of a broken rib include pain while breathing, applying pressure to the area, and when you bend or twist your body. Ribs are often broken by the force of the seabelt during deceleration of the vehicle during a crash.
Puncturing a lung can be a serious injury. In a punctured lung, air gathers between the lungs and the chest cavity. The pressure build up makes it impossible for the lung to expand. Symptoms include coughing blood, chest pain, difficulty breathing, dizziness and headaches.
Hire An Injury Lawyer
Save Time. Get Compensated.
Hiring an injury lawyer after a serious accident is one of the best things you can do. Injury lawyers take care of all communication and negotiation with insurance companies. This frees up your time to focus on recovering.
At our law firm, we offer free initial consultations to all Houston residents. Just fill out our contact form — or give us a call to schedule a convenient time for you. We’ll listen to your story and offer our advice.
Pro Tip: Never accept a settlement without consulting a lawyer, especially if injury is involved. Once you accept a settlement, you can never recover anything further in the future.
Time Is Of The Essence
In most cases, you have 2 years from the date of the accident to file a lawsuit. This is called the Statute of Limitations.
Certain exceptions can extend and/or shorten a limitations period.
If the victim is a minor, the limitations may be extended until they are 18 years old.
If you are in an accident caused by a governmental entity in Texas, the statute of limitations may be much shorter — ranging from a few months to six months.
File Your Claim
Notify Your Insurance Company
It is important to notify your insurance company about the accident as soon as possible.
Many insurance companies allow you to file your claim online. Otherwise, call the number listed on your insurance card.
Be sure to keep track of all adjuster names and contact information.
Pro Tip: There may be multiple active insurance policies that can cover you. For example, if the other driver didn’t have insurance, your own Uninsured Motorist coverage could kick in. An experienced attorney can help identify these policies & maximize your recovery.
Find Your Insurance Company
Find Your Insurance Company Contact Info
American Family Auto Insurance
Claim Reporting Number: 1-800-692-6326
Online Claim Portal: Go to site
Learn Fault Factors
How Fault Is Determined
Were you speeding? Nearly one-third of all car accidents can be attributed to speeding.
Was anything obstructing your view? Over half of all states have windshield obstructions laws.
What were the weather conditions? Slippery roads can reduce traction and cause you to lose control of the vehicle.
Who had the right of way? The law gives the right of way to no one, but it does state who must yield (give up) the right of way.
What were the Traffic Conditions? Crashes of all types are at their highest Monday through Friday between the hours of 4:00-6:00 p.m.
Were you distracted? (Radio, Phone) Distracted driving is any activity that diverts attention from driving.
Were you wearing a seatbelt? Seat belt use is one of the most effective ways to save lives and reduce injuries in crashes.
Was a citation given out? In most instances, any driver violating traffic law will be held largely responsible for a resulting car accident.
Pro Tip: Do not give any recorded statements until you have the opportunity to consult with legal counsel.