Nashville Improperly Loaded Truck Lawyer
Cargo is usually the biggest part of a truck’s weight. If the truck is not loaded properly and the weight of the cargo is not balanced, the truck can become unsteady and subject to turning over or veering off the road. If the truck’s wheels go off the pavement, a driver will often overcorrect when attempting to return to the road, which can result in a rollover if the truck is unbalanced. If the cargo is not secured properly, it can shift around, also throwing the truck off balance. When a driver loses control of an unbalanced truck weighing as much as 80,000 pounds, deadly accidents can occur. Furthermore, a truck that is overloaded or with weight not distributed properly over the axels is difficult to stop.
The Insurance Institute for Highway Safety studied the relationship between vehicle weight and braking time. Loaded tractor-trailers take 20 to 40 percent longer to stop than cars, and the more the truck weighs, the more difficult it is to execute an emergency stop.
Federal Loading Guidelines
The Federal Motor Carrier Safety Administration (FMCSA) publishes a guide describing the proper method for loading a truck for maximum stability. Trucking companies are required to train their employees on correct loading and must ensure that they understand and employ the techniques in the guide. Regardless of who actually loaded the truck, the driver needs to inspect the cargo before leaving on a trip and periodically during the trip. If improper loading results in an injury accident, the company, the loader, and the driver may all be held liable if improper loading is shown to have caused the accident. The Code of Federal Regulations creates a non-delegable duty on all parties who had a part in loading the truck.
These are some indications that a truck has not been loaded correctly:
- The cargo is not covered.
- The weight of the cargo is not properly distributed in the trailer.
- The truck is loaded beyond its capacity and exceeds its maximum allowable weight.
- The cargo has not been secured with enough tie-downs to keep it from shifting.
Experience is Key in a Truck Accident Lawyer
Truck accidents are full of complexities, so you really need to have an experienced truck accident attorney working for you if you want to claim compensation for your losses. If it appears that improper loading is a factor, your attorney will need to determine everyone who participated in the loading process and whether the trucking company provided training in proper loading methods.
Nashville, Tennessee Truck Accident Attorney
If you’ve been injured in a truck accident in Tennessee caused by improper loading or excessive weight, call the truck accident attorneys at Phillip Miller & Associates in Nashville for straightforward answers to all of your questions. Phillip Miller is a nationally recognized, board certified civil trial lawyer who has been in practice for thirty years. He has won millions of dollars for truck accident victims during his long career. He operates a client-centered practice where you will get personal attention from your lawyer and will be kept current on all that is happening in your case. You will be involved in the decision-making process every step of the way.
Tennessee has strict time limits on filing a lawsuit for personal injury, so it is extremely important to get the Miller firm on board as soon after the accident as you can. We’ll launch an immediate investigation to identify liable parties and will gather documentation of your economic and non-economic damages. Call today for a free, no-obligation case consultation.