Unsecured Loads
Driving near or around commercial trucks and tractor-trailers should never put you at risk of being hit by a dropped, lost or unsecured load of cargo. Unfortunately, careless mistakes within the trucking industry result in many unsecured load incidents each year. If you get involved in this type of crash in New Mexico, you may need a truck accident attorney to advocate for your rights during the recovery process.
What Is an Unsecured Load?
An unsecured load refers to cargo or items that are not properly loaded or adequately secured to a big rig’s open bed or inside of a closed trailer. When cargo is not properly loaded and secured, it can shift, topple, cause the truck to become unbalanced or fall off the truck, potentially causing serious traffic accidents.
What Are the Rules Regarding Truck Load Securement?
Trucking companies are classified as “motor carriers” in the eyes of federal law. As such, they are required to comply with certain federal safety standards, rules and regulations that are enforced by the Federal Motor Carrier Safety Administration. This includes a long list of cargo securement rules.
A truck’s cargo must be properly secured under the stipulations of the FMCSA, which has different specifications depending on the type of cargo. If a trucking company fails to use the correct type or number of tiedowns, for example, or does not ensure that a truck’s bed of cargo is properly balanced, this can lead to a devastating truck accident.
Common Causes of Unsecured Load Accidents
Truck cargo can turn into deadly projectiles if it comes loose and falls off the truck in transit. This is especially true of heavy loads, such as trucks that are carrying industrial equipment or logs. Common causes of cargo-related truck accidents in New Mexico include:
- Improper load securement
- Overloaded trucks
- Failing to evenly distribute the weight of the cargo
- A truck that exceeds its legal weight limit
- Faulty tiedowns or fastening mechanisms
- Using the incorrect straps for the type of cargo
- Failing to comply with hazardous material regulations
- Failing to perform cargo inspections
- Dangerous maneuvers by the driver that cause cargo to shift or fall
If an investigation of a lost load accident finds that the trucking company, cargo company, truck driver or another party should have done more to prevent the disaster, that party can be held responsible for all injured victims’ losses.
Who Is Liable for an Unsecured Load Accident in New Mexico?
Since New Mexico is a fault state, identifying the person or party at fault for an unsecured load is necessary before a victim can file an insurance claim. It is a trucking company’s legal responsibility to comply with federal regulations in terms of cargo loading, distribution and securement.
If the owner of the cargo sent its own staff to load the truck, however, the cargo company could be held responsible for improper loading and securement. Other potentially liable parties include the truck driver, truck owner/operator, part or equipment manufacturer, or the government (for an unsafe roadway).
How Can a Truck Accident Lawyer Help?
If you get involved in an accident with a large truck due to an unsecured load, hiring an Albuquerque truck accident attorney can help in a number of ways during the recovery process. While you focus on healing from your injuries, your lawyer can thoroughly investigate your crash, determine liability and collect evidence to support your claim.
Your lawyer will guide you through all of the steps you should take after this type of crash, including connecting you to top doctors in your area to ensure you receive proper medical care. You can trust your lawyer to advocate for your rights and best interests while you concentrate on healing.
To speak to a knowledgeable truck accident attorney in Albuquerque about an unsecured load accident at no cost or obligation, contact The Fine Law Firm to schedule a free consultation.