Improperly loaded cargo on a flat-bed truck, in a tractor-trailer, or in another commercial vehicle can shift or spill, causing serious injuries to others in vehicles nearby. Occupants of passenger vehicles are often at a significantly increased risk of injury, and even death, when improperly loaded cargo causes car accidents.
If your Gulfport accident occurred because of improperly loaded cargo or shifting cargo, a Gulfport improperly loaded cargo lawyer from the Morris Bart law firm may be able to hold the liable party or parties responsible. Let us pursue compensation in your case if we can uncover the necessary evidence to do so.
Call (228) 357-9621 today to get started with a free review of your case.
Shifting Cargo or Other Issues With Improperly Loaded Cargo Can Be Dangerous
Improperly loaded cargo can cause serious injuries if it shifts or spills. In some cases, it can even cause the tractor-trailer carrying it to roll, crushing smaller passenger cars underneath it or burying them in spilled cargo. Due to these and other dangers, the Federal Motor Carrier Safety Administration (FMCSA) strictly regulates how truck drivers and trucking companies handle their loads. The rules include thorough inspections for distribution of the load, load tie-downs, and more.
A Gulfport improperly loaded cargo lawyer from the Morris Bart law firm may be able to help you prove where the responsibility lies and hold the liable party or parties accountable for your injuries and accident-related losses.
For a free legal consultation with a Improperly Loaded Cargo Accident lawyer serving Gulfport, call 800-537-8185
You May Be Able to Seek Compensation from the Liable Party After a Gulfport Truck Accident
The Mississippi Civil Code allows traffic accident victims to pursue a personal injury lawsuit against the party or parties who are responsible for their injuries. However, the most difficult part of a truck accident case may be proving liability. While truck drivers have a duty to inspect their load, others also have a duty to properly load and secure the cargo. This could include:
- The owner of the cargo.
- The company that loaded the trailer.
- The driver’s employer.
As you can see, most of the potentially liable parties in this type of case are companies, not individuals. This is because a legal theory known as respondeat superior comes into play. Employers are legally responsible–or vicariously liable–for their employees’ behavior while they are working. To this end, the employer of the truck driver or the worker who improperly loaded the trailer would be responsible for damages in this type of accident.
Proving Negligence and Liability in an Improperly Loaded Cargo Car Accident in Gulfport
Even once we have a good idea of who is legally responsible in this type of accident, we must take steps to prove the case. Gathering evidence and documenting your losses are key parts of securing a fair settlement. We may need to consult experts that include:
- Accident reconstruction experts.
- Medical experts.
- A survey team to document the accident site.
- Trucking industry experts.
- Experts on the type of cargo involved, in some cases.
Truck accident cases are also different because so much of the evidence comes from the trucking company, who may also be a liable party. We must send a spoliation letter as soon as possible after your accident, demanding that the company preserve any evidence it holds.
Evidence we may recover from the trucking company includes:
- Data from the onboard computer.
- Rest logs, maintenance logs, cargo inspection logs, and more.
- Specific details about cargo, such as type and weight of the cargo.
- Dash cam video, if equipped in the truck.
- Post-accident drug and alcohol tests.
- Additional information about the truck and trailer, its load, and the driver.
At the Morris Bart law firm, we will use this and other information we collect to build a case to show cause, fault, and liability. Call (228) 357-9621 today to learn if we can go to work on your case right away.
Damages Potentially Recoverable in a Gulfport Truck Accident Case
As part of building a strong case for your claim, we will document your recoverable damages by gathering receipts, bills, estimates, and other proof of your losses. We will seek damages on your behalf that include:
- Medical treatment and care, both current and future.
- Lost wages and diminished earning ability for long-term injuries.
- Property damages, including your vehicle.
- Pain and suffering and other non-economic damages.
- Wrongful death damages for surviving loved ones.
While we may be able to reach an out-of-court settlement in your case, a civil lawsuit might be necessary. If we need to take your case to court or threaten to do so to get a fair settlement agreement, we must file the proper paperwork within three years of your accident, per Miss. Code Ann. § 15-1-49. Missing this deadline could mean losing your right to recover a payout.
Talk to a Member of Our Gulfport Truck Accident and Injury Team
A Gulfport improperly loaded cargo lawyer from the Morris Bart law firm may be able to help you seek compensation for the injuries and losses you experienced after a truck accident. We can help you prove that improperly loaded cargo caused or contributed to your accident and that you deserve financial recovery based on your specific losses and expenses.
Speak to a member of the Morris Bart law firm in Gulfport today about your accident and injuries for free. We offer complimentary case reviews and handle car accident cases based on a contingency fee. We only get paid after you recover compensation.
Call (228) 357-9621 now to get started.
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