Objects carried in the back of a pick-up truck or hauled on a semi-truck have an incredible amount of force when they are not appropriately secured when traveling on interstates and highways. Properly securing the cargo load is vital to prevent vehicle accidents, personal injury, and even death.
According to a 2016 AAA Foundation study, more than 200,000 crashes are caused by road debris in the U.S. Nearly 37 percent of all deaths in road debris accidents result from the driver swerving to avoid hitting the object. While some of the debris is caused by shredded tire tread that comes from the vehicles, most accidents are caused by unsecured cargo.
What is Unsecured Cargo?
Unsecured cargo can include boxes, furniture, appliances, construction materials, tools, and in more severe cases, hazardous materials. Additionally, improperly loading cargo can make it unstable and risk flying off the truck, causing truck accidents. The same goes for tow trailers that are not adequately secured, along with safety connection features to prevent accidents, such as lights and safety chains. When tow trailers become unhinged, they become a considerable risk to other drivers.
When driving at high speeds, particularly on the interstate, tow trailers have an increased risk of becoming detached or cargo falling onto the roadway. It is then the responsibility of the driver to ensure the safety of those on the road.
The Risks of Unsecured Cargo
Unsecured cargo poses a significant threat to road safety, particularly when it comes to commercial trucks. The risks associated with unsecured cargo are numerous and can have devastating consequences. Some of the most significant risks include:
- Shifting Cargo: When cargo is not properly secured, it can shift during transit, causing the truck to lose control or become unstable. This instability can lead to severe accidents, injuries, and even fatalities. For instance, a sudden shift in cargo weight can make it difficult for the truck driver to steer or brake effectively, increasing the likelihood of a crash.
- Falling Cargo: Unsecured cargo can fall off the truck, causing damage to other vehicles, infrastructure, and even pedestrians. Falling cargo can create hazardous road conditions, leading to accidents, injuries, and fatalities. Imagine driving behind a commercial truck when a heavy object suddenly falls onto the roadway—such scenarios can be catastrophic.
- Rollover Accidents: Improperly secured cargo can cause a truck to rollover, especially when navigating sharp corners or sudden turns. The uneven distribution of weight can make the truck top-heavy, increasing the risk of a rollover. These types of accidents often result in severe injuries and fatalities, not only for the truck driver but also for other road users.
- Multi-Vehicle Accidents: Unsecured cargo can cause a domino effect, leading to multi-vehicle accidents and extensive damage. For example, if a piece of cargo falls off a truck and another vehicle swerves to avoid it, this can trigger a chain reaction of collisions. Such accidents can involve multiple passenger vehicles and result in significant property damage and personal injury.
Ensuring that cargo is properly secured is crucial for preventing these risks and maintaining road safety. Truck drivers, trucking companies, and cargo loaders must all take responsibility for securing cargo to protect themselves and others on the road.
Causes of Unsecured Cargo Accidents
Unsecured cargo accidents can occur due to a variety of factors, each contributing to the overall risk of cargo-related incidents on the road. Understanding these causes is essential for preventing accidents and ensuring the safety of all road users.
- Driver Negligence: Truck drivers may fail to properly secure cargo, either due to lack of training, experience, or attention to detail. In some cases, drivers might be in a hurry and overlook essential safety checks. Proper training and a thorough understanding of securing cargo are vital to prevent such negligence.
- Trucking Company Negligence: Trucking companies may not provide adequate training or resources for their drivers to properly secure cargo. This negligence can stem from cost-cutting measures or a lack of emphasis on safety protocols. Trucking companies must prioritize safety and ensure that their drivers are well-trained and equipped to secure cargo effectively.
- Poor Maintenance: Failure to maintain trucks and trailers can lead to equipment failure, which can cause cargo to become unsecured. For example, worn-out straps or broken tie-downs can fail during transit, leading to accidents. Regular maintenance checks and timely repairs are crucial to prevent such issues.
- Overloading: Overloading trucks can put excessive stress on the cargo, causing it to become unsecured during transit. Overloaded trucks are more difficult to control and are at a higher risk of accidents. Adhering to weight limits and ensuring even distribution of cargo can help mitigate this risk.
- Improper Loading: Cargo may be loaded incorrectly, leading to instability and an increased risk of accidents. Improper loading can result in uneven weight distribution, making the truck more prone to tipping or losing control. Cargo loaders must follow proper loading procedures and use appropriate securing methods to ensure stability.
It is essential for truck drivers, trucking companies, and cargo loaders to take the necessary precautions to ensure that cargo is properly secured. By addressing these common causes of unsecured cargo accidents, we can minimize the risks and enhance road safety for everyone.
The Responsibility of Drivers to Secure Cargo
Following the rules of the road, traffic rules, properly changing lanes, and not being distracted when driving are just some of the responsibilities a driver has when operating a motor vehicle. Commercial drivers have these responsibilities, plus there are federal regulations that prohibit commercial drivers from operating motor vehicles unless their cargo is secured, preventing an unsecured truckload. In addition, non-commercial drivers can receive fines for unsecured cargo ranging from $10 to $5,000 and even jail time in some states.
Drivers must ensure their cargo is tied down securely for the safety of others and themselves. Even if a third party loaded and secured the cargo, drivers must conduct their own safety checks.
The following are a few examples of safety checks that can potentially save lives:
Ensure Tie-Downs are Fastened
Do a walk-around of the vehicle and double-check that tie-downs are secure. Tying down cargo loads with ropes, netting, straps, or even bungee cords can prevent accidents from occurring.
Cover Entire Load
Even if cargo is tied down with appropriate straps, additional safety measures can be added by covering the entire load with a sturdy tarp or netting. This way, if anything comes loose during traveling, the tarp can prevent objects from flying off the truck and causing a truck accident.
Avoid Cargo Spillage
If you’re moving to another home and you’re on the last stretch of moving your belongings, it can be tempting to overload your vehicle. However, overloading a vehicle can loosen objects, cause cargo to spill, and can even wear down the tethers that are restraining the load.
Double-checking the security of all the ties, straps, and tarps will help prevent the shifting cargo that causes accidents on the roadway, potentially leading to a truck accident claim.
What To Do If You Are Involved in a Crash in Pennsylvania Due To Unsecured Truck Cargo
Determining who is liable in an accident involving cargo spillage can be complicated. Even when an accident is caused by a truck driver of a large trucking company, insurance companies will do what they can to avoid paying claims, making it crucial to seek help from experienced truck accident attorneys. Get proper legal representation right away to begin your claim and increase your chances of receiving compensation for your losses with the help of truck accident lawyers.
Our experienced legal team offers free case evaluations and legal advice. To help you receive the compensation you deserve for your accident, here are some of what we do:
- Hire investigators and crash experts
- Interview witnesses
- Deal with confusing paperwork
- File timely claims
- Determine who is responsible for your injuries
- Deal with the company’s attorneys
- Fight to get you the maximum compensation allowed by law
- Never get paid unless we win your rightful money
Accidents are already hard to deal with on your own. Let our team of qualified car accident attorneys take care of the legal matters. To ease your burden, we will never charge you a cent until we win your case.
Contact Our Car Accident Attorneys for More Information
If you have been in a car accident because of debris in the roadway, the attorneys at Rubin, Glickman, Steinberg & Gifford, P.C. are prepared with the resources to effectively handle your Pennsylvania car accident case, including those involving trucking accidents. To schedule a free consultation with our team, contact us at (215) 822-7575 or complete our contact form. We are available for you on the weekends and have a caring and compassionate team ready to take your call.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
December 24, 2024
