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Police reports, according to NBC-2, say that on Friday, October 10, a pickup truck with an unsecured piece of wood in the truck's bed caused an accident resulting in the death of a motorcycle rider. The report further said that the wood fell out of the truck, and the truck driver slammed on her brakes. A motorcycle driver never had a chance to react before crashing into the truck. The truck driver was cited with improper driving with an unsecured load.

"Because of this tragic accident, we feel it is important for us to review Florida's laws as they relate to unsecured cargo," says Lee County Accident Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

The Florida Bureau of Motor Carrier Compliance has laws regarding Loads on Vehicles (S316.520) and Requirements for Vehicles Hauling Loads (S316.525).

These laws are:

Loads on Vehicles (S316.520)

1.A vehicle may not be driven or moved on any highway unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, blowing, or otherwise escaping there-from, except that sand may be dropped only for the purpose of securing traction or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.

2.It is the duty of every owner and driver, severally, of any vehicle hauling, upon any public road or highway open to the public, dirt, sand, lime rock, gravel, silica, or other similar aggregate or trash, garbage, any inanimate object or objects, of any similar material that could fall or blow from such vehicle, to prevent such materials from falling, blowing, or in any way escaping from such vehicle.  Covering and securing the load with a close-fitting tarpaulin or other appropriate cover or a load securing device meeting the requirements of 49 C.F.R.s. 393.100 or a device designed to reasonably ensure that cargo will not shift upon or fall from the vehicle is required and shall constitute compliance with this section.

a.Except as provided in paragraph (b), a violation of this section is a non-criminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.

b. Any person who willfully violated the provisions of this section which offense results in serious bodily injury or death to an individual and which offense occurs as a result of failing to comply with subsections (1) and (2) commits a criminal traffic offense and a misdemeanor of the second degree, punishable as provided in S.775.082 or S.775.083.

3.The provision of subsection (2) requiring covering and securing the load with a close fitting tarpaulin or other appropriate cover does not apply to vehicles carrying agricultural products locally from a harvest site or to or from a farm on roads where the posted speed limit is 65 miles per hour or less and the distance on public roads is less than 20 miles.

Requirements for vehicles hauling loads (S316.525)

1. (1) It is the duty of every owner, licensee and driver, severally, of the truck, trailer, semi trailer, or pole trailer to use such stanchions, standards, stays, supports, or other equipment, appliances, or contrivances, together with one or more lock chains, when lock chains are the most suitable means of fastening the load, or together with nylon strapping, when nylon strapping is the most suitable means of securing the load, so as to fasten the load securely to the vehicle.

2.The Department of Transportation shall promulgate rule with respect to the type and suitability of nylon strapping to be used in compliance with this section.

3.A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation.

"There are times when we all need to move items which will not fit within our vehicles and for which, we do not use professional moving companies. When getting ready to move large items, please review the above sections of Florida law and secure the items; doing so, may prevent injuries and death," reminds Attorney Spivey.

Fort Myers Motorcycle Attorney,  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.