Who is responsible in unsecured load truck accidents in California
Each year, hundreds of motor vehicle collisions involving big rig trucks are reported to law enforcement in California. While many of these collisions are vehicle-to-vehicle crashes between a passenger vehicle and an 18-wheeler, some of these accidents are caused due to lost loads or unsecured loads. If a semi-truck loses its cargo during transit and a motorist is injured or dies as a result, one or more parties can be held liable.
Liability in a Commercial Truck Accident
After a collision occurs between a big rig and a passenger vehicle, a truck accident lawyer will investigate the accident to determine which party or parties can be held liable for damages. If the accident was caused by an unsecured load, the following parties could be held liable:
Trucking Company
The trucking company can be held liable for a collision that was caused by an unsecured load. The trucking company and its employees must follow specific rules and requirements related to loading and securing cargo. These rules are enforced by the Federal Motor Carrier Safety Administration, also referred to as the FMCSA.
Some commercial trucks weigh up to 80,000 pounds because of the loads that they haul. It’s crucial for the cargo to be loaded and secured correctly to prevent the cargo from falling or shifting. The federal load securement rules include special regulations for hazardous materials to protect the safety of the public. These regulations also include the proper use of a specific securement system, anchor points, and tie downs, all of which must be used to minimize the risk of a load becoming unsecured during transport.
If the trucking company doesn’t comply with securement rules, the cargo can shift or may fall free. Shifting cargo can throw the truck off balance, resulting in a jackknife or rollover accident where the trucker loses complete control of their vehicle.
Trucker
Truckers could be found at fault for crashes that are caused by unsecured loads if they contributed to the collision through acts of negligence. For example, if a trucker fails to safely operate their vehicle, using improper braking methods or driving techniques, causing the load to shift, they can be held liable for the accident and the resulting damages. Through vicarious liability, the trucking company could be held responsible for improper training of their employee.
Third Parties
If the truck driver or trucking company is not directly responsible for an unsecured load, liability may fall on a third party. A third party is someone who was not directly responsible in the accident or present at the scene but still contributed to the collision. For example, if a cargo loading company failed to load or secure the cargo properly, they could be held liable for damages.
Should I Hire a Truck Accident Lawyer to Handle My Unsecured Load Accident?
After being injured in a truck accident that was caused by an unsecured load, it’s important to take legal action as soon as possible. A truck accident often results in serious injuries and other damages. When you hire a truck accident lawyer, they can handle every aspect of your claim, including investigating the crash and identifying all liable parties. If you were involved in a motor vehicle collision with a semi-truck, hiring a truck accident lawyer will allow you to focus on recovering from your injuries, while also increasing your chances of a successful claim.
Contact Us Today
If you were involved in an accident with a semi-truck that was caused due to an unsecured load, contact a truck accident lawyer at Lem Garcia Law today to schedule a free legal consultation. We can meet with you to discuss your case, go over your legal rights and options, and help you recover the compensation you deserve for an accident that was not your fault.