Unsecured Loads Truck Accident Info

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Unsecured Loads trucks accidents attorneys in California

Cargo on flatbed trailers often needs to be secured so it will not shift or fall off a trailer during transport. Chains, web straps, and wire ropes are some of the most common methods of cargo securement, and Subpart I of Part 393 in the Code of Federal Regulations (CFR) deals with protection against shifting and falling cargo.

California Vehicle Code § 23114(b)(2) establishes that every 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.

California Unsecured Load Truck Accident Lawyer

If you sustained serious injuries or your loved one was killed in a truck accident in California caused by an unsecured load, you are going to want to find yourself legal counsel quickly so you can get jestice. An experienced attorney will know how to make sure every negligent party is held accountable.

You can contact the May Firm 24 hours a day, seven days a week. Call (844) 629-3476 or contact us online to schedule a free consultation.

Causes of Unsecured Load Accidents

CFR § 393.100(b) establishes that every commercial motor vehicle must, when transporting cargo on public roads, be loaded and equipped, and the cargo secured to prevent the cargo from leaking, spilling, blowing or falling from the motor vehicle. Under CFR § 393.102(a)(1), 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.

CFR § 393.102(a)(2) provides 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 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) establishes that the means of securing articles of cargo are considered to meet the performance requirements of this section if 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.

The most common cause of unsecured loads is simple negligence by the party responsible for securing the cargo, whether that is a driver or a loading company.

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Types of Unsecured Load Accident Injuries

An unsecured load accident can have varying degrees of damage caused depending on what happens with the unsecured load. Certain types of cargo can cause major motor vehicle accidents, and the severity of injuries will depend on multiple other factors like the point of impact and the speed of the vehicle the victim was traveling in.

In general, common injuries in unsecured load accidents include, but are not limited to:

  • Sprains
  • Lacerations
  • Internal organ injuries
  • Paralysis
  • Neck injuries
  • Spinal cord injuries
  • Muscle strains
  • Traumatic brain injuries (TBIs)
  • Fractures

When a person is killed in an accident caused by an unsecured load, a wrongful death lawsuit could be filed by that person’s family. You are going to want to have a lawyer as soon as possible after any unsecured load accident so they can deal with insurance companies on your behalf.

Contact a Unsecured Load Truck Accident Attorney in California

Did you suffer catastrophic injuries or was your loved one killed in a truck accident in California caused by an unsecured load? Find yourself a lawyer right away for help navigating the claims process.

The May Firm will work closely with you and keep you fully updated on all the progress in your case. You can have us assess all of your legal options during a free consultation when you call (844) 629-3476 or contact us online right now.

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