One of the risks involved in commercial trucking is the possibility of a lost load, or cargo falling from the bed of a truck and entering the road. To mitigate this risk, the Federal Motor Carrier Safety Administration (FMCSA) has cargo loading and securement laws. Unfortunately, not all trucking companies abide by these laws, greatly increasing the odds of related truck accidents. Make sure to speak with an experienced truck accident lawyer in San Antonio.
The FMCSA’s Cargo Securement Rules
All trucks that operate in Texas and travel through the state are required to abide by the cargo securement regulations as put forth in FMCSA Rules Part 393: Parts and Accessories Necessary for Transportation. These laws set minimum cargo securement requirements for interstate and intrastate trucking activity.
Federal cargo securement rules include:
- Cargo must be secured so that it does not shift, spill or fall from the vehicle in transit during normal driving conditions (including sudden maneuvers).Â
- Cargo securement systems must be able to withstand a certain amount of gravitational force and still remain stable.
- There must be at least one tiedown used for loads that are 5 feet or less in length and 1,100 pounds or less in weight, or two tiedowns if the load exceeds either of these parameters.
- Any cargo that is likely to roll must be restrained by devices that prevent rolling, such as wedges, chocks or a cradle.
- All parts and equipment used to secure cargo must be in proper working order, with no damaged or weakened components that could adversely affect their performance.
If a trucking company, cargo company or cargo loader violates any of the federal laws related to cargo securement, they can be held responsible for a related lost load incident, including any injuries or deaths caused by falling cargo. Violators can also face penalties such as fines from the FMCSA and criminal charges.
What Can Cause Cargo Securement Failure?
Cargo-related truck accidents in Texas are typically preventable. They can be avoided with proper care taken by the parties involved to correctly load, balance and secure a truck’s cargo. Negligence, or a lack of proper care, is often behind these incidents.
Common causes include:
- Federal law violations
- Failure to properly balance a load (improper weight distribution)
- Poorly or incorrectly secured cargo
- Failure to obey special requirements for cargo such as logs or cement pipes
- Improper securement of hazardous materials
- Wrong securement devices used
- Overloaded truck
- Damaged or faulty straps or tiedowns
- Equipment defects
- Lack of cargo inspections
- Inadequate truck driver training
- Truck driver negligence, such as reckless driving
A truck accident investigation is typically necessary to determine why cargo securement failure happened and to identify who is legally responsible. The at-fault or liable party could be a trucking company, truck driver, cargo company or product manufacturer, depending on the circumstances.
How the Right Attorney Can Help After a Cargo-Related Truck Accident
Improper cargo securement is a serious crash risk. It can result in cargo falling from a truck, spilling into the road, striking other motor vehicles and causing drivers to take evasive action to avoid debris. If you get injured in a truck accident in Texas, it is important to involve a personal injury attorney in San Antonio for assistance with the claims process.
Your attorney can investigate to understand the cause of your crash, collect evidence of cargo securement violations and hire experts to reconstruct the accident. Then, your lawyer can negotiate with insurance adjusters on your behalf to fight for a fair settlement. If necessary, an attorney can represent you in court in pursuit of justice. Contact us today.