The Federal Motor Carrier Safety Administration says that four percent of truck accidents are caused by load shifting. These accidents can cause injury, fatalities, and significant economic damage.
Horton & Mendez Injury Attorneys explain truck accidents due to improper loading.
How Improper Loading Contributes to Truck Accidents
Improper loading may contribute to a truck accident in a variety of ways, including the following:
- Longer stopping distances
- Trailer sway
- Drifting into other lanes
- Extra movement on uneven roads
- Unusual vehicle handling and maneuvering
- Tipping or rolling
- Jackknifing
- Fire, chemical hazard
- Truck failure, tire blowout
- Unusual handling in poor weather
Common Loading Mistakes That Lead to Accidents
Too much weight, overloading
A semi-truck can lawfully weigh up to 80,000 gross pounds in the United States. In North Carolina, a single-axle truck may weigh up to 20,000 pounds, and a tandem axle may weigh up to 38,000 pounds, with exceptions. When a truck is overweight, it may be more difficult to control. It may have an unusual center of gravity and be more prone to a rollover accident.
Violating local weight limitations
A bridge or designated light-traffic road may have a weight limitation that is different from the maximum lawful weight for a truck. Failing to account for local roads and special limitations may result in the truck damaging the road or becoming difficult to handle.
Uneven load
When a load is unevenly distributed in the truck, the truck may not react normally. It may be more likely to jackknife or tip when making a turn. The trailer may sway, or the truck itself, including the suspension and tires, may fail. Bad weather may make these problems even more likely.
Poorly secured
A load must be secured in place for transport using tie-downs, straps, or chains tied to anchor points. Tie-downs must be secured, but they can’t be overly tight or they may fail. Chocks and friction mats can reduce the chance of shifting. Loads may be compact, with items placed near each other, to aid in keeping goods secure for transport.
Improper placarding
The transportation of hazardous goods requires placarding. There are rules for sign placement, colors, and legibility. Failing to alert other drivers to the presence of dangerous materials may prevent them from leaving sufficient distance. In addition, an accident may be more harmful if those involved and first responders don’t know what substances are present.
Overhang
Cargo should never protrude over the edge of the truck. If cargo is loaded too wide, it can strike others on the road. It can also affect the balance of the truck.
Flammable
Flammable items may be loaded near an ignition source. Failing to address this danger may result in a fire, which may cause an accident.
Underlying causes
Underlying causes of truck accidents due to improper load may include poor training, inadequate equipment, failure to inspect, and not following safety requirements.
Understanding Load Securement Regulations
Load securement regulations come from the U.S. Department of Transportation and the North Carolina Department of Transportation.
Federal regulations
U.S. cargo securement rules say that cargo securement systems must withstand certain deceleration standards in all directions. If cargo is secured following the requirements, whether general or commodity-specific, it’s presumed that the load meets these tolerances.
Components used to secure the load must be in good condition. Generally, requirements for materials used incorporate manufacturing standards for straps, chains, webbing, ropes, and cords. There are minimum numbers of tie-downs that must be used.
There may be different rules for special-purpose vehicles. In addition, there are unique standards for certain loads like logs, lumber, paper, vehicles, containers, and large boulders.
North Carolina
North Carolina truck weight and load regulations are found in N.C.G.S. § 20-118. Maximum weight limitations are based on axles, with weight limits imposed by axle groups and the distance between axles in a group. There are some exceptions to the basic rules, including agricultural, seafood, livestock, waste, and forestry exceptions to light-traffic limitations. Additional exceptions apply to a wrecker towing a truck and firefighting vehicles.
The Department of Transportation may create additional restrictions, so it’s important to check what rules apply to the route and endeavor.
North Carolina vehicle width regulations are found in N.C.G.S. § 20-116.
Liability in Truck Accidents Caused by Improper Loading
Failing to safely load a truck may create liability in the event of an accident. The trucking company may be liable for inadequate training, support, or mismanagement. They may be liable for improperly securing the load or failing to provide materials. If there is a separate company responsible for shipping or loading, they may also be liable.
Even if there are multiple companies involved, the trucking company likely had a duty to inspect the load before shipment. If there were signs of unevenness or failure, the trucking company likely had a duty to take corrective action.
How To Prove Improper Loading in a Truck Accident Case
Proving improper loading in a truck accident case may require an investigation. You may need to determine what load was being shipped, how it was loaded, and what materials were used. It may be necessary to test how the load may have shifted or how it impacted handling. Accident reconstruction may be needed.
Building a case requires factual and scientific evidence. You may rely on discovery and work with expert witnesses.
Injuries Commonly Resulting from Improperly Loaded Trucks
Injuries commonly resulting from improperly loaded trucks are crushing injuries and blunt force trauma. A person may sustain injury from being struck by the load. A person who suffers injury because of a truck accident due to improper loading may claim financial compensation.
Preventative Measures To Avoid Improper Loading Accidents
- Understanding regulations
- Receiving proper training
- Having the correct tie-downs
- Evaluating the route
- Adjusting travel for weather
- Using chocks and other support
- Inspecting the load before transporting
- Stopping if there is a problem
Contact an Experienced Jacksonville Truck Accident Lawyer
If you or a loved one has been hurt in a truck accident due to improper loading, we invite you to contact an experienced Jacksonville truck accident lawyer. Horton & Mendez Injury Attorneys represent truck accident victims. Call or message us now.
