If you are the victim of an improper loading truck accident in Portland, Oregon, you have every right to file a truck accident claim. Commercial trucks are held to a high standard of care and safety since they create a significant risk for other vehicles on the road.
If you are injured or have any type of economic or non-economic damages as a result of truck driver negligence and improper loading, you need to hire a truck accident lawyer for wrecks caused by negligence. At Henderson Taylor Law Firm, our team of truck accident attorneys has extensive experience handling negligent truck accident cases and can help you get the compensation you need to make a full recovery.
Keep reading to find out how to prove negligence in improper loading truck accidents and what your rights are.
The Dangers of Improper Cargo Loading
Although cargo loading may not seem to be a serious concern for other drivers on the road, this can create a significant risk if cargo isn’t loaded safely. There are certain safety guidelines truck drivers and trucking companies must follow, but if these are ignored, they can lead to a significant risk for other drivers.
Here are some of the dangers of improper cargo loading that drivers in Portland should be aware of:
- Shifting cargo: When the cargo is not secured correctly, it is very likely to shift during transit, which can put the truck off balance, leading to rollovers and other types of accidents.
- Limited visibility: Cargo that isn’t secured properly or loaded properly can obscure the truck driver’s visibility, creating more significant blind spots.
- Spilled cargo: Improperly secured cargo can end up falling off of the truck, causing severe accidents on the road as well as striking other vehicles.
If you were involved in a truck accident due to improper cargo loading, you need to hire a truck accident lawyer in Portland to represent you. They will have experience in this area and can help you handle negotiations with the involved parties so that you can receive a fair settlement.
State and Federal Laws Regarding Cargo Safety
The Federal Motor Carrier Safety Administration or FMCSA, has extensive guidelines that trucking companies must follow to stay compliant. Additionally, states also have their own laws and regulations to further protect other drivers on the road from common trucking hazards. Common guidelines that trucking companies have to follow are often centered on cargo as this can pose a serious risk for other vehicles.
These trucking guidelines are often dependent on the type of commercial truck and the type of cargo it is carrying. There are usually weight and height requirements as well as rules for maintaining cargo, securing it, and inspecting it. If any of these rules and regulations are not followed, the trucking company can be held personally responsible for not enforcing the safety regulations.
However, individuals such as the loading crew and the truck driver can also be held responsible if they simply did not follow the guidelines provided by the trucking company.
Who is Negligence in Truck Accidents Due to Improper Loading?
When it comes to truck accident cases involving improper cargo loading, more than one person can be at fault. Before filing your claim, you need to investigate to better understand who may be found liable, as holding multiple parties responsible can help you to get a larger settlement.
Here are some examples of who could be held liable:
- Truck driver: Truck drivers aren’t always responsible for loading the cargo, but they are responsible for driving safely. The truck driver may have loaded the cargo improperly, or if a third-party handled this task, they may have driven recklessly, which could have caused even correctly secured cargo to shift or spill.
- Cargo loaders: Trucking companies often hire third-party cargo loaders to load and secure cargo. If the cargo is not secured or improperly loaded, these are the individuals who would most likely be held responsible. This also includes freight brokers who may have been involved in loading and inspecting trucks.
- Trucking company: Although trucking companies do not directly handle the many aspects of how their trucks function, they are required to be FMCSA compliant. The company may be held liable if it failed to hire the correct individuals to ensure cargo safety or failed to provide rules and training to ensure safe cargo loading and inspecting.
How to Prove Negligence
Before you file your claim, you should collect a copy of the police report, which may provide information about whether or not the cargo was secured, as well as witness statements from others who may have noticed signs of unsecured cargo before the accident. Your truck accident attorney can also request maintenance and cargo loading records directly from the trucking company, which should provide further insight into whether or not it was compliant with the safety rules.
If you are not seriously injured after the accident, it can be helpful to take photos of the accident scene. You can also look to see if there were any cameras nearby or if any other drivers had dashcams.
By proving liability, you will be able to receive economic and non-economic damages to help you make a full financial and physical recovery after the accident. These damages can include things like lost wages, property damage, medical expenses, pain and suffering, disability, etc.
Hire an Experienced truck Accident Attorney at Henderson Taylor Law Firm
Being the victim of trucking company negligence can come with significant repercussions, especially when it comes to physical and financial damages. Because of this, you need to take the necessary steps to document how the accident occurred so that you can prove that either the truck driver, cargo loaders, or trucking company was negligent.
At Henderson Taylor Law Firm, our truck accident lawyers are committed to defending the downtrodden and helping truck accident victims in Portland, Oregon, get the representation they need. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
