When cargo is improperly loaded onto a truck, it can lead to a serious crash. Improper loading can cause the cargo to shift. This sudden shifting of the weight in the back of the truck can cause the driver to lose control, creating the possibility of a multi-car accident with significant injuries.
If a truck hit you and left you with injuries, you may have high medical bills and lost income. You may not be able to work at your normal job, either. In a situation like this, you have the right to seek compensation. For help with your case, contact a Baton Rouge improperly loaded cargo accident lawyer with the Morris Bart law firm.
Contact us today at (225) 341-5694 for a free case review.
Loading Trailers Properly
As workers load cargo into a trailer or the back of a truck, it needs to be stacked and organized properly to guarantee that it will not shift suddenly when the driver steps on the brakes or makes a sharp turn. The Federal Motor Carrier Safety Administration (FMCSA) publishes guidelines truckers need to follow for stacking and securing gear.
These guidelines also require that the cargo has structural integrity so it can withstand the process of being loaded. It may need to be packaged in a certain way to give cargo the necessary integrity. The FMCSA guidelines specify the types of securing devices permitted to be used for truck loading, including:
- Chains
- Ropes
- Steel strapping
- Clamps
- Grab hooks
- Binding
Failure to follow these guidelines could be a sign of negligence on the part of those loading the truck. A lawyer can examine this and other forms of evidence as they build your personal injury lawsuit.
For a free legal consultation with a Improperly Loaded Cargo Accident lawyer serving Baton Rouge, call (225) 341-5694
The Integrity of the Trailer
Beyond these truck loading procedures, federal guidelines also specify requirements for the condition of the trailer and truck. If the truck has weakened areas or holes in the trailer, this could affect the integrity of the trailer, which could lead to a shift or loss of cargo when the trailer is placed under stress.
If the trucking company knowingly allowed a truck and trailer to haul a load when the equipment was not in good working condition, this can be a sign of negligence. Similarly, if the trucker used a truck and trailer that was not rated to hold the weight of the cargo placed inside, this could also be a sign of negligence.
At the Morris Bart law firm, we have seen the results of accidents where the proper loading procedures were not followed. If you suffered injuries in this type of crash, we can fight for your rights. For a free case review, call us today at (225) 341-5694.
Gathering Evidence from the Crash
After a truck crash occurs because cargo shifted unexpectedly, the police report could focus on the way the truck driver behaved on the road. This report may not focus on the condition of the truck, trailer, and cargo. A Baton Rouge improperly loaded cargo accident lawyer can perform an investigation into what happened, and gather evidence that the police report may have missed.
Through our work, we will attempt to determine who could be held liable for the accident that caused your injuries. Some of the information we will attempt to gather includes:
- Computer data: We can look at data from the onboard computer of the truck, as well as any computer data about the type of cargo in the trailer and how it was loaded.
- Video: We can study video from the accident as well as any video from the warehouse where the cargo loading took place, if possible.
- Inspections: We will investigate any inspections the truck underwent, as well as information about whether the truck and trailer were exceeding the legal weight load.
- Accident recreation: We may hire an accident recreation expert to show just how the crash occurred, analyzing the role the shifting cargo played.
- Driver logs: We can study whether the driver followed the FMCSA hours of service rules.
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Filing a Claim
When a truck hits you and causes injuries, you have the opportunity to seek a personal injury settlement, as long as you can show that the truck driver, truck owner, truck maintenance personnel, or those who loaded the trailer behaved in a negligent manner.
You do not have to show that the other party made a mistake on purpose or intended to cause an accident in order to prove negligence.
In Louisiana, you have a limited amount of time to file a claim, should legal action be necessary. According to the Louisiana Civil Code (CC) §3492, in most cases, you have up to one year to do so. By working with a lawyer as soon as possible, they can help ensure that you are on track to meet any deadlines for your case.
Receiving a Fair Settlement
If the facts demonstrate that the other party was at fault for your crash, you may hear from the insurer representing that party, offering you a settlement for your pain, suffering, and medical bills.
However, if the extent of your injuries has not been determined, and your long-term health outlook is still unclear, you should not be in a hurry to settle. Your injuries may require ongoing care and extensive treatment costs that a settlement may not cover. A lawyer can estimate a just value for your case and negotiate a settlement that reflects your losses.
Call Morris Bart, LLC for a Free Case Review
A Baton Rouge improperly loaded cargo accident lawyer can handle all the legal aspects of your case so you can focus on healing from your injuries.
At the Morris Bart law firm, our team will study all evidence in the crash through our own investigation. We can examine your accident and medical records, determine what kind of future you are facing, and fight for your compensation.
For a free review of your case, contact us today at (225) 341-5694.
Questions?Call (225) 341-5694
to find a Morris Bart office near you.
