Overloaded or Unsecured Loads Cause Truck AccidentsPublished: Nov 21, 2018 in Personal Injury, Truck Accident
The average tractor-trailer weighs between 12,000 and 80,000 pounds, which is around 25 times more than the average passenger vehicle. Because of their sheer size and power, they are harder to maneuver and stop, making them fatal weapons when involved in a crash. Truck accidents leave victims with devastating injuries from broken bones to amputations and even fatalities.
Overweight or overloaded trucks are a major cause of serious truck accidents. Unsecured loads are another common cause of truck accidents. In fact, two-thirds of all truck accidents are the result of improperly secured cargo coming loose and striking a vehicle or pedestrian.
Title 49 of the Federal Code of Regulations regulates safety standards for trucking companies and their drivers. Trucking owners or operators who fail to comply with federal safety regulations can be held liable for accidents that occur as a result of overweight, overloaded, or unsecured cargo on trucks.
Truck Accidents and Liability
After a serious truck accident, many different players can be responsible for a victim’s injuries, including:
- The manufacturer of dangerous or defective parts of equipment that led to the crash
- The person or company who leased the truck
- The truck cargo’s loader or shipper
- The truck’s operator
- The truck’s owner
After a truck accident, your Edwardsville truck accident lawyer will determine who is liable for your injuries. Under current federal law, a company owning a trucking permit is responsible for any accidents involving a truck displaying its name or placard. This scenario involves the principle of vicarious liability. In other words, even if the driver’s employer did nothing wrong, they absorb some responsibility for your injuries.
Your Edwardsville truck accident lawyer may recommend suing the driver for recklessness or negligence resulting in the accident that caused your injuries. A personal injury lawsuit allows you to recover compensation for your medical expenses, lost income if you are unable to work, and pain and suffering as a result of your injuries.
Your personal injury attorney explains all your legal options after a truck accident and recommends the best path for you. It is important to contact your lawyer immediately after a truck accident to act before the trucking company removes or destroys evidence related to your accident, which is spoliation. Trucking companies want to get rid of this evidence to avoid liability for your truck accident injuries.
Edwardsville Truck Accident Lawyers at Cates Mahoney, LLC Fight for Victims of Truck Accidents
Edwardsville truck accident lawyers at Cates Mahoney, LLC understand state and federal trucking laws and are well-equipped to advocate for you after an accident. We manage the practical details of your claim, so you can focus on your recovery. To schedule a consultation about your situation, call 618-277-3644 or contact us online today. Based in Swansea, Illinois, we proudly represent clients throughout the surrounding areas, including Edwardsville, Belleville, and St. Clair County.