Truck accidents aren’t always caused by driver negligence, and in some cases are caused by their team instead. When the trucking company improperly loads a vehicle, this can cause a truck to be imbalanced. If the truck begins to sway due to this imbalance, this is known to cause truck accidents. Improperly loaded trucks can topple over, move into lanes, jackknife, and other unsavory consequences. Speak to Meyers Injury Law today for a free consultation.
Because the trucking company is at fault, they can be held liable for any damages that they caused you even if the truck driver wasn’t the liable party. There are a number of ways that a truck can be improperly loaded, which include the following:
Rollover Accidents
When a truck’s cargo is not evenly distributed or overloaded on one side, it can cause the truck to roll over, especially in curves or turns.
Shifting Cargo
When cargo is not properly secured, it can shift during transport, causing the truck to become unstable or difficult to maneuver.
Falling Debris
Overloaded or improperly secured cargo can fall off a truck and onto the road, potentially causing accidents with other vehicles or pedestrians.
Tire Blowouts
When commercial trucks are overloaded, this can put too much stress on the tires. This leads to blowouts, which can cause the driver to lose control of the vehicle.
Brake Failure
If a truck’s cargo is improperly distributed or overloaded, it can put extra strain on the brakes, causing them to fail or wear out more quickly.
The Person That Holds Liability For A Truck Accident Caused By Improper Loading
Liability for a cargo loading accident can depend on various factors, including the cause of the accident, the parties involved, and the applicable laws and regulations. The following parties may be held liable for a cargo loading accident:
Trucking Company And Their Driver
In most situations, the trucking company may be held liable if they failed to properly train their employees or did not follow proper loading procedures.
Cargo Owner
The owner of the cargo may be held liable if they provided insufficient or inaccurate information about the weight or dimensions of the cargo.
Loading Company
In some cases, the company responsible for loading the cargo onto the truck may be held liable if they did not follow proper loading procedures or failed to secure the cargo properly.
Manufacturers
If a defective product, such as faulty cargo straps or tie-downs, contributed to the accident, the manufacturer of the truck or loading cargo may be held liable.
How A Truck Accident Attorney Can Help
Nashville truck accidents lawyers can provide legal representation and guidance to individuals who have been involved in a truck accident. They can help in the following ways:
Investigating The Accident
A truck accident attorney can gather evidence, such as accident reports, witness statements, and expert opinions. This is used to determine the cause of the accident and identify any liable parties.
Negotiating With Insurance Companies
Insurance companies may try to offer a settlement that is less than what a victim deserves. A truck accident attorney can negotiate with the insurance company to ensure that the victim receives fair compensation for their losses.
Representing The Victim In Court
If the case goes to trial, your personal injury attorney will represent you as the victim in court and present evidence to a judge or jury.
Providing Legal Advice
A truck accident attorney can advise the victim on their legal rights and options, as well as provide guidance on how to proceed with their case.
Calculating Damages
Your truck accident attorney can help the victim calculate the damages they are entitled to, which may include medical expenses, lost wages, and pain and suffering.
Filing Paperwork
A truck accident attorney can handle the paperwork and legal documents necessary for the case, such as filing a lawsuit or submitting a claim to an insurance company.
What Damages Can I Claim For My Truck Accident?
If you have been involved in a truck accident and have a valid claim, you may be entitled to receive compensation for various types of damages. The specific damages that you may be able to receive will depend on the circumstances of your case, but some examples include:
Medical Expenses
This can include costs for medical treatment, hospitalization, surgery, rehabilitation, and any other medical care needed due to the accident.
Lost Wages
If you have to take time off work to recover from your injuries or cannot return to work at all, you may be entitled to compensation for lost wages or loss of earning capacity.
Property Damage
When your vehicle or other property was damaged in the accident, you may be entitled to compensation for the cost of repairs or replacement.
Pain And Suffering
This refers to physical pain, emotional distress, and other non-economic damages resulting from the accident. This can include loss of enjoyment of life or loss of consortium.
Punitive Damages
In some cases, the court may award punitive damages to punish the at-fault party for their reckless or intentional conduct.
Work With Our Team For A Fair Settlement
Once you’ve been injured, you may be struggling on your own to overcome your difficult circumstances. You deserve fair compensation and our team can help. We will review your case to make sure you are eligible before initiating a truck accident claim. You don’t have to pay us up front, but instead only after we win your case. Contact Meyers Injury Law now for a free consultation.
