Office LocationsUnsecured Cargo Truck Accident Lawyers in Phoenix
Did an Overloaded Tractor-Trailer Cause Your Accident?
When most people think of semi-truck accidents, they think jackknifes or underrides. But unsecured cargo can cause accidents, too. The cargo trucks carry is often heavy, and when it is not properly secured, it can fall off the truck, causing severe damage to vehicles around it.
Truck accident victims may be entitled to claim compensation, but this will often involve going up against big trucking companies, which aggressively deny all claims. A Phoenix truck accident attorney at Breyer Law Offices, P.C., can ensure victims get full compensation for their injuries and other losses. If you were injured in a truck crash, call (602) 267-1280 to set up your free case evaluation with The Husband and Wife Law Team.
Cargo and Load Law
According to Arizona Revised Statutes, Section 28-1098, truck drivers are responsible for properly securing their loads. They must ensure the load does not drop, sift, leak, or otherwise escape from the vehicle. “A person shall not operate a vehicle on a highway with a load unless the load and any covering on the load are securely fastened in a manner to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.” Any 18-wheelers that drop their loads onto the road, or onto surrounding vehicles, can be found in violation of this statute.
In addition to Arizona’s laws, there are also federal rules for cargo securement on a truck, issued by the Federal Motor Carrier Safety Administration. If you want to file a claim against a trucker, make sure you have an attorney who is familiar with both federal and state trucking laws.
Who Is Liable in an Unsecured Cargo Accident?
While the truck driver may be the only one at the scene of an accident, there are many people responsible for ensuring a truck is safely loaded. Any one of these people could be found liable for allowing unsecured cargo to come off a truck, and probably multiple people:
Truck drivers are typically responsible for inspecting their shipments throughout their route to ensure each load is secured. There may be some exceptions to this, such as if the driver has been asked to not disrupt enclosed cargo. Still, the truck driver will likely be a large part of any unsecured cargo truck accident case.
The trucking company will also likely be liable. These companies hire drivers to operate their trucks, and they must ensure they are only hiring qualified drivers. They can be held responsible for most bad behavior on the part of the truck driver. When a trucking company fails to ensure that a driver is competent, qualified, and understands the rules of the road, it can be held liable.
Third parties that helped load the truck may also be found liable. This can include the company that hires the loader, or the broker that originally arranged for the cargo to be shipped. Determining who the third parties are requires an investigation, and can present its own challenges.
If you have been in an accident caused by unsecured truck cargo in Arizona, speak to an attorney who is familiar with this process and can determine liability.
Do Not File a Claim Alone
Filing a civil claim against a truck driver, trucking company, or anyone that works for them can be overwhelming. Trucking companies have their own teams of lawyers, and many tactics that can stall a case entirely. They may offer a settlement just to avoid a lawsuit, and that settlement will rarely be enough to cover the cost of the victim’s injuries.
If you have been injured in a truck accident due to unsecured cargo, speak to The Husband and Wife Law Team by calling (602) 267-1280. We know how to get you the compensation you deserve, and we will never be intimidated by any trucking company. We have handled hundreds of these cases successfully for past clients, and you owe us no fee unless we win you compensation.
