A lost load accident occurs when cargo or materials fall from a vehicle onto the roadway. This type of accident is common in areas with high truck traffic. When cargo falls, it can obstruct the roadway, causing drivers to swerve or brake suddenly, which often leads to collisions. These accidents can result in serious injuries and significant vehicle damage, as vehicles either collide with the cargo or with each other in an effort to avoid it.
Who Is Responsible for Securing a Load?
The responsibility for securing cargo lies primarily with the driver and the trucking company or entity that loaded the vehicle. Federal regulations mandate that all loads on commercial vehicles must be securely fastened and meet specific weight distribution requirements. Drivers are required to inspect their load and make any necessary adjustments or reinforcements to prevent cargo from shifting or falling.
What Are the Common Causes of Lost Load Accidents?
Common causes of lost load accidents include:
- Inadequate use of straps
- Poorly distributed weight
- Failure to check the load after traveling a certain distance
- Road conditions like potholes or sharp turns that exacerbate an already insecure load
- Mechanical failures, such as malfunctioning locks or container doors
- Non-compliance with safety standards by drivers, loaders, or companies
What Types of Cargo Are Most Likely to Cause Lost Load Accidents?
Certain types of cargo pose a higher risk of falling from vehicles due to their size, shape, or weight.
- Building materials, such as lumber, pipes, and concrete blocks, can easily shift and fall if not secured properly.
- Large, bulky items like machinery, vehicles, and even furniture can also be problematic if they are not adequately fastened.
- Hazardous materials, such as chemicals or flammable liquids, can also lead to more severe consequences in the event of a spill.
Drivers encountering these materials on the road are at risk of collision and, in some cases, may need to avoid toxic or dangerous substances.
Can I Seek Compensation for Damages in a Lost Load Accident?
After a lost load accident occurs, you may have grounds to pursue compensation for damages. Compensation can cover your medical expenses, lost wages, and vehicle repairs.
In cases where negligence by the trucking company, driver, or loading entity can be proven, you could have a successful claim. Documentation from police reports, witness statements, and photographs of the accident scene can strengthen your case by helping to establish fault.
How Is Fault Determined in a Lost Load Accident?
Determining fault in a lost load accident requires investigation into how the cargo was secured, the party responsible for loading it, and whether any safety regulations were violated. In many cases, fault may rest with the trucking company if they failed to implement proper safety protocols. The driver may also be held responsible if they do not properly inspect the cargo.
In certain situations, fault may be shared between the driver, the loading company, and the trucking company if multiple factors contributed to the accident. An experienced car accident lawyer can determine how liability is assigned in these accidents.
What Are the Legal Consequences for Failing to Secure a Load?
Failing to secure a load on a commercial vehicle can result in significant legal repercussions for those found responsible. Commercial drivers and trucking companies are required to comply with federal safety standards to prevent road hazards. Violations of these standards can lead to fines, citations, and even suspension of operating licenses. In cases where negligence is evident, legal claims filed by injured parties may lead to further penalties or compensation obligations for damages caused by the lost load.
The West Chester Car Accident Lawyers at Eckell Sparks Skillfully Represent Clients Injured in Lost Load Crashes
The experienced West Chester car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. offer legal help to clients injured by lost loads. For an initial consultation, submit our online form or call our Media and West Chester, Pennsylvania, offices at 610-565-3701. We gladly serve clients in Delaware County, Chester County, and Montgomery County.