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Home » Lifestyle » Legal Matters » Can a Truck Driver be Sued in An Accident Caused by Unsecured Cargo?

Legal Matters · July 21, 2020

Can a Truck Driver be Sued in An Accident Caused by Unsecured Cargo?

Can a Truck Drive be Sued in An Accident Caused by Unsecured Cargo

Truck accidents are a very scary thing to experience, the size and weight of these trucks make a huge impact on the damage that can be done in a wreck. These trucks are all over our roads and interstates making it possible to get in a serious truck accident at any time. There are many reasons a truck accident could happen, today we will discuss more specifically unsecured cargo that caused an accident. People can get very seriously injured by unsecured cargo and not only damage their health but also their vehicle in the process. If you are involved in a Truck Accident, please read this recent article by The Wolf Of Law Street.

Before we get into more detail regarding unsecured cargo, let’s just take a look at the many causes of truck accidents. Just in case you or a loved one has experienced or might experience them in the future, so you know that you can call a truck accident lawyer to help you get the compensation you deserve for your truck accident injury claim. A few of these include:

Insufficient Training or Experience

Trucking companies are always looking for a way to maximize their profit margins, and one way to do this is to hire drivers who are not as experienced or properly trained.

Unrealistic Delivery Schedules

The more loads a truck driver and their company can complete, the more money they make. This often results in dangerous incentives for pushing all involved to move cargo at an unsafe rate.

Overloaded Cargo

An overloaded truck is more prone to accidents. Some trucking companies overload trucks to move more cargo at the expense of road safety.

Unsecured Cargo

Unsecured cargo can come loose on the highway, endangering other motorists and putting lives at risk. If a 20-pound item falls off a truck travelling 55 miles per hour, that item will strike another vehicle with half a ton of force.

Faulty Equipment

Modern tractor-trailers have a variety of safety and stability equipment and, if that equipment malfunctions, it can cause an accident. The trucking and maintenance company can be held responsible if this equipment isn’t kept in safe working order.

Inadequate Maintenance

Trucking companies might forgo adequate maintenance if that means moving cargo quicker. Unfortunately, one little oversight can put drivers who share the road with these trucks at great risk.

Rollovers

There are many causes of large truck rollover accidents, including going too fast around curves, the weight or balance of the load being carried, road and intersection conditions, driving inattention, fatigue or distraction. Nearly 10 percent of all large truck accidents involve rollovers.

Can a Truck Drive be Sued in An Accident Caused by Unsecured Cargo

Driving Under the Influence

The prospect of a truck driver operating a big rig under the influence of alcohol or drugs is truly terrifying. In Texas, the legal limit for blood alcohol content for drivers of commercial motor vehicles is half the limit for all other drivers. The same is true in California, where a California Truck Accident Lawyer would use Vehicle Code 23152(d) to argue the driver was driving dangerously.

Reckless Driving

Just like any other subset of motorists, some truck drivers might be prone to speeding, improper lane shifts, following another vehicle too closely or failing to obey stop and yield signs. When someone operating a heavy truck drives recklessly, the consequences can be especially disastrous for other vehicles on the road.

Driver Fatigue

Driver fatigues is one of the leading causes of truck accidents in Dallas and nationwide. While there are strict guidelines that dictate the amount of time a driver can be behind the wheel in any given time period (known as Hours-of-Service rules), these rules are not always followed. For example, the recent Tracy Morgan truck accident involved a Wal-Mart truck driver who had not slept in more than 24 hours. Driving a truck is difficult enough, much less driving without proper rest.

Inclement Weather

In heavy rain or snow, truck drivers are supposed to slow down and pay attention to weather alerts and flashing signs. If the bad weather significantly reduces visibility, truck drivers are supposed to pull over on the shoulder of the road until the worst weather passes and visibility returns. However, some drivers do not exercise caution in bad weather because they are trying to maintain schedule times. Pouring rain, snow, ice combined with fast driving can easily cause truck accidents.

Distracted Driving

With today’s technology, any truck driver who is texting, surfing the internet on a tablet, or distracted while talking on a mobile phone is putting other drivers at risk. Neglecting to keep their eyes on the road and pay attention, distracted truck drivers can cause accidents.

Hire a Truck Accident Attorney if You Were Injured by Unsecured Cargo

So, to answer the question of “can a truck driver be sued because of damages done by unsecured cargo”, the answer is yes. It is due to their negligence that you have been injured and they should be held responsible. Contact a skilled truck accident attorney today to see how they can help.

 

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Welcome to Prim Mart! I'm Katharine, a mom, wife, and blogger with a passion for all things related to homemaking and enjoying life. Prim Mart was founded in 2001 and has grown from just a craft blog to an online lifestyle magazine filled with helpful and creative articles for you!

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