Load Shift Accidents

Trucks carrying loads to deliver are a significant part of the regional and national economy. However, when a load is not properly secured or is too heavy, it may shift and cause a serious accident that injures many people. The load may spill out onto the road, or it may alter the center of gravity of the truck, which may lead to a rollover or jackknifing. If you have been injured in a load shift accident in East Tennessee, knowledgeable Maryville truck accident attorney Mark Hartsoe is ready to fight for your rights.

Trucking accidents may be particularly complex types of lawsuits because insurers and defense attorneys are familiar with the regulations and how to strategically push back against a claim. It is important to retain a truck wreck attorney who is equally familiar with these types of lawsuits. Mark Hartsoe has an accident reconstruction team that is on call 24/7, and he can dispatch the team to determine the cause of the accident and to gather evidence in support of your claim.

A shifted load may be dangerous both on the road and at the unloading dock. The Federal Motor Carrier Safety Administration (FMCSA) has regulations that govern the protocol for securing loads. The regulations require workers to properly secure a load using the appropriate shoring bars, tie downs, chains, wire rope, wedges, cradles, and dunnage bags, among other things. The structure of the vehicles and the components used to secure cargo are supposed to be in good working order, with regular inspections to check for damaged parts. There are also regulations governing how much a load on a commercial motor vehicle may weigh.

Unfortunately, some drivers and their companies do not bother to inspect loads to make sure that they are compliant with regulations. You may be able to recover compensation from any party that was responsible for a load shift crash, including the driver, a loading company, or a trucking company. You will need to establish negligence or negligence per se. Negligence per se may apply when someone violated the FMCSA or other regulations related to the load, the violation caused your injuries, and the regulation was designed to prevent a load shift accident. In these cases, the focus will likely revolve around damages rather than liability.

It may be important to hold multiple defendants directly liable for a load shift accident because there may be numerous victims of falling cargo or a jackknifing truck. In many cases, the insurance coverage for the driver will not cover the full scope of damages because there is a maximum coverage amount for a single accident. The trucking company or loading company may have greater coverage that can cover part of the damages if negligence by either of these entities contributed to the wreck.

You should retain a motor vehicle collision attorney who understands how trucks are supposed to be loaded and can clearly explain these issues to a jury. Aggressive Maryville truck accident lawyer Mark Hartsoe can advocate for you throughout the legal process if you have been injured in a load shift accident. Call the Hartsoe Law Firm at 865-804-1011 or contact us via our online form to set up a free appointment to discuss your case. Mark Hartsoe assists injured people throughout East Tennessee, including in Knox, Blount, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.