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Failing to Secure a Load Can Lead to Fatalities

April 15, 2022 | Category: Truck Accidents | Share

There are several factors that make commercial trucks the most dangerous vehicles on Florida’s roads. While many commercial truck accidents involve truck driver negligence or issues with the truck itself, accidents can also result from failure to properly secure a truck’s cargo load. In fact, this type of failure can lead to many different types of accidents, as Fort Myers accident lawyer Randall L. Spivey explains below.

How Failure to Secure a Truck’s Cargo Can Lead to a Fatal Accident

First, we’ll discuss the ways in which failure to secure a truck’s cargo can lead to a fatal accident. In many cases, cargo-related accidents will involve one or more of the following factors:

  • The Cargo Shifts During Transit – One of the main reasons why a truck’s cargo load must be properly secured is so that the cargo does not shift during transit. When an 18-wheeler or other large commercial truck is traveling at highway speeds, its cargo can shift under braking if the cargo isn’t secured.
  • The Cargo Falls Off of the Truck – Another risk with unsecured cargo is that the cargo will fall off of the truck. Accelerating, braking, turning, and even high winds can all cause loose truck cargo to spill onto the road.
  • The Truck Driver Loses Control Unexpectedly – When a truck’s cargo shifts, this can cause the truck driver to lose control unexpectedly. Shifting cargo can potentially cause tons of additional force to be applied in the direction that the cargo is moving, and this can make it difficult (if not impossible) for the truck driver to keep his or her truck under control.
  • The Truck Driver Is Unable to Regain Control – Once a truck driver loses control due to a shifting unsecured load, regaining control can also be difficult or impossible. Even highly experienced truck drivers won’t necessarily be able to counteract the forces caused by the shifting cargo in time to avoid an accident.

Common Accidents Caused by Failure to Secure a Truck’s Cargo Load

With these factors in mind, failure to secure a truck’s cargo load can lead to a variety of different types of accidents. For example, three of the most common types of truck accidents caused by unsecured cargo loads include:

1. Truck Jackknife and Rollover Accidents

When a tractor trailer’s unsecured cargo load shifts forward during braking, the forward force of the shifting cargo can exceed the truck’s braking force. When this happens, the front of the trailer can push the rear of the tractor (or cab) forward, causing the truck to jackknife. When jackknife accidents happen at high speeds or on bending or sloping roads, they can result in rollovers. But, regardless of whether the truck rolls over, a jackknifing truck can present extreme risks for all motorists in its vicinity.  

2. Failure to Stop in Time to Avoid a Collision

If a shifting cargo load does not cause a truck to jackknife, it may cause the truck to rear-end the vehicle in front of it. This is a fairly common scenario, and in most cases, truck drivers will claim that there is nothing they could have done to avoid a collision. Regardless of whether this is the case, victims and families who suffer losses in these accidents can pursue claims for just compensation—whether against the trucking company or the shipping company that loaded the truck’s cargo.

3. Cargo Spills

All types of cargo spills can be extremely dangerous. Spills of liquid cargo can make the road slick and unnavigable, while spilled solid cargo can litter the road leaving other motorists with no way to avoid an accident. Cargo spills involving lumber, machinery, boats, cars, consumer goods and all other types of items can quickly create life-threatening scenarios on the road.

Even if a truck is not directly involved in a collision, the trucking company or shipping company can be held liable in the event that a cargo spill leads to a fatality. Trucking companies and shipping companies have a legal duty to avoid creating hazardous situations for motorists. When they fail to meet this duty, they can—and should—be held accountable.

Contact a Fort Myers Accident Lawyer for a Free Consultation

If you need to know more about holding a trucking company or shipping company liable for a fatal accident in Florida, we encourage you to contact us promptly for a free consultation. To speak with Fort Myers accident lawyer Randall L. Spivey in confidence, please call Spivey Law Firm, Personal Injury Attorneys, P.A. at 239-337-7483 (or toll-free at 888-477-4839), or contact us online now.

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