When a truck loses control and causes an accident, it’s natural to focus on the driver. However, the problem may have started hours earlier. Trucks that are weighed down with too much freight or loads that are improperly secured can cause serious accidents. In fact, the National Highway Traffic Safety Administration’s study of truck crash causation found that cargo shift was involved in only four percent of large truck accidents. However, when cargo shifted, it was more strongly linked to crashes than any other factor the researchers considered.
This article explains how unsafe loads cause accidents and who may be responsible. It also explains how a Birmingham truck accident lawyer can help.
What Is the Difference Between an Overloaded and an Improperly Loaded Truck?
An overloaded truck carries more weight than its legal limits or equipment capacity allow. An improperly loaded truck has cargo that is positioned or secured unsafely. A truck can have either problem—or both.
Overloading
A truck can be overloaded in two ways. It can exceed the legal weight limit for the entire truck, or it may put too much weight on a particular axle. Federal law generally limits tractor-trailers to 80,000 pounds. However, separate federal limits also apply to individual axles and axle groups. These numbers mean that a truck carrying 90,000 pounds is clearly overloaded. However, a truck with a total weight of less than 80,000 pounds can still be overloaded if too much weight is on one axle. For example, assume a truck weighs 75,000 pounds in total. If the heaviest portion of the load is placed too far toward the front of the trailer, it may put too much weight on the tractor’s front axle. Even if the truck weighs only 75,000 pounds, the front axle is now overloaded.
Improper Loading
Improper loading includes problems with how cargo is arranged, balanced, or secured inside the truck. Examples include:
- Stacking heavy items on top of lighter ones
- Placing too much weight on one side
- Putting too much weight on one axle
- Failing to restrain cargo that can roll or move
- Using damaged or inadequate straps or chains
- Leaving cargo free to slide inside the trailer
Even a relatively light load can be dangerous if it moves unexpectedly.
How Do Overloaded and Improperly Loaded Trucks Cause Accidents?
Excess weight places additional demands on brakes, tires, and other equipment. As such, unsafe loads can make trucks harder to stop, steer, and maneuver. Also, if cargo shifts during a turn or sudden stop, the driver may lose control. The truck may even tip over.
Common accidents related to improper loading include:
- Rollovers
- Jackknife accidents
- Rear-end collisions
- Accidents involving brake or tire failures
- Collisions caused by falling cargo
Your vehicle doesn’t have to hit the truck for its cargo to cause an accident. You might strike freight lying in the road or crash while trying to avoid it.
Which Laws Govern Truck Weight and Cargo Loading?
Both federal and Alabama laws regulate truck weight and cargo safety.
Federal cargo regulations require protection against falling cargo and movement that interferes with the truck’s stability or maneuverability. In addition to adopting federal requirements, Alabama law also establishes weight restrictions based on factors such as axle configuration and spacing.
These laws are important. Your Alabama semi-truck accident injury attorney can use them to support your case.
Who Can Be Liable for an Overloaded or Improperly Loaded Truck Accident?
In a typical accident with two privately owned cars, the focus is on the drivers. However, trucking is a huge industry. As such, many people and businesses are responsible for the truck and its load.
The Truck Driver
Federal inspection rules require truck drivers to check their cargo loads before traveling, within the first 50 miles, and at specified intervals afterward. So, a driver who fails to comply with these rules or who notices a problem but does nothing could be at fault.
The Trucking Company
The trucking company may have given its drivers bad instructions. For instance, the company may have told its drivers not to complain about their loads. Other questionable practices could include:
- Allowing an unsafe load onto the road
- Ignoring drivers’ reports of cargo problems
- Negligently training or supervising employees
The Shipping or Loading Company
Many semi-truck operators hire separate companies to load their vehicles. As such, many issues with excessive weight, poor cargo placement, or inadequate securement are caused by these companies.
How Can You Prove That Improper Loading Caused the Accident?
Because there are so many different people and companies involved in tractor-trailer accidents, it can be difficult to determine exactly who was responsible. Fortunately, your Birmingham trucking accident attorney can help.
To win your Alabama trucking accident case, your attorney must prove negligence. Negligence is a legal term that means someone did not act as a reasonable person would have under the same circumstances. Reasonable people follow the law, so your attorney will look for evidence that the trucking company, cargo loading company, or others did not follow the rules.
During their investigation, your lawyer will look for records showing that someone was careless. Useful evidence includes items such as:
- Cargo manifests and bills of lading
- Scale tickets and weigh-station records
- Loading diagrams and warehouse videos
- Inspection and maintenance records
- Driver communications
- Photographs of cargo and damaged securement equipment
- Witness statements
- Electronic truck data
You’ll also need evidence showing that the loading problem was a key cause of your injuries.
How Can a Birmingham Tractor-Trailer Accident Lawyer Help?
Because they involve so many moving parts and cause such serious injuries, trucking accidents are some of the most complex crashes that happen on Alabama roads. However, an experienced accident lawyer can handle these claims. In addition to investigating, your lawyer can also calculate your losses and handle insurance company negotiations.
If an overloaded or improperly loaded truck injured you, contact Collins Law, LLC. We are widely recognized as one of Birmingham’s leading personal injury law firms. We can help you get the compensation you deserve. Call 205-588-1411 or use our online form today to schedule a free, no-obligation consultation.
