Load Spillage Truck Accident Info

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Load Spillage truck accidents attorneys in California

Under California Vehicle Code § 23114(b)(2), any vehicle used to transport aggregate materials must be equipped with properly functioning seals on any openings used to empty the load, including, but not limited to bottom dump release gates and tailgates, splash flaps behind every tire or set of tires, center flaps at a location to the rear of each bottom dump release gate as to trucks or trailers equipped with bottom dump release gates, fenders starting at the splash flap with the leading edge of the fenders extending forward at least six inches beyond the center of the axle that cover the tops of tires not already covered by the truck, truck tractor, or trailer body, complete enclosures on all vertical sides of the cargo area, including, but not limited to, tailgates, and shed boards designed to prevent aggregate materials from being deposited on the vehicle body during top loading.

Subpart I of Part 393 in the Code of Federal Regulations (CFR) is the federal laws dealing with protection against shifting and falling cargo. When certain loads spill in motor vehicle accidents, the results can be devastating for many of the other people involved in a crash.

California Load Spillage Accident Attorney

Did you sustain serious injuries or was your loved one killed in a truck accident caused by load spillage in California? You will want to have an experienced lawyer assist you in investigating the crash and holding all negligent parties accountable.

The May Firm has a record of success that includes several seven-figure settlements and verdicts for our clients. You can have us answer all of your legal questions as soon as you call (844) 629-3476 or contact us online to take advantage of a free consultation.

Load Spillage Prevention Requirements

Loads can spill in all kinds of crashes, and certain collisions may directly cause the spillages. In many cases, a trucking company is still responsible for not securing their load properly.

Under CFR § 393.100(b) every commercial motor vehicle transporting cargo on public roads must be loaded and equipped with the cargo secured to prevent it from leaking, spilling, blowing or falling. CFR § 393.102(a)(1) establishes that tiedown assemblies (including chains, wire rope, steel strapping, synthetic webbing, and cordage) and other attachment or fastening devices used to secure articles of cargo to, or in, commercial motor vehicles must be designed, installed, and maintained to ensure that the maximum forces acting on the devices or systems do not exceed the manufacturer’s breaking strength rating under 0.8 g deceleration in the forward direction, 0.5 g acceleration in the rearward direction, and 0.5 g acceleration in a lateral direction.

Under CFR § 393.102(a)(2), tiedown assemblies (including chains, wire rope, steel strapping, synthetic webbing, and cordage) and other attachment or fastening devices used to secure articles of cargo to, or in, commercial motor vehicles must be designed, installed, and maintained to ensure that the forces acting on the devices or systems do not exceed the working load limit for the devices under 0.435 g deceleration in the forward direction, 0.5 g acceleration in the rearward direction, and 0.25 g acceleration in a lateral direction.

CFR § 393.102(c) states that the means of securing articles of cargo are considered to meet performance requirements when the cargo is:

  • Immobilized, such so that it cannot shift or tip to the extent that the vehicle’s stability or maneuverability is adversely affected; or
  • Transported in a sided vehicle that has walls of adequate strength, such that each article of cargo within the vehicle is in contact with, or sufficiently close to a wall or other articles, so that it cannot shift or tip to the extent that the vehicle’s stability or maneuverability is adversely affected; or
  • Secured in accordance with the applicable requirements of CFR §§ 393.104 through 393.136.

Some loads are very large and heavy physical objects, but other loads could be chemical solutions. Either kind of load has the potential to cause extremely serious injuries.

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Types of Load Spillage Truck Accident Injuries

When a load spills, the way in which it spills will determine the extent of injuries. Some of the possible injuries could include, but are not limited to:

  • Neck injuries
  • Burn injuries
  • Lacerations
  • Sprains
  • Paralysis
  • Internal organ injuries
  • Fractures
  • Muscle strains
  • Spinal cord injuries

In a fatal load spillage accident, the family members of a deceased person can file a wrongful death lawsuit. Insurance companies will move in quickly to try to settle these cases for far less than what people are entitled to, and you will want to leave any settlement negotiations to an attorney who has a far better understanding of the true value of your claim.

Contact a Load Spillage Truck Accident Lawyer in California

If you suffered catastrophic injuries or your loved one was killed in a truck accident in California caused by a load spillage, you are going to want to have an independent investigation performed as soon as possible. The May Firm will do that and also preserve important evidence before determining all liable parties.

Our firm can visit you in your hospital room or home upon request. Call (844) 629-3476 or contact us online to set up a free consultation.

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