Truck Accident Caused by Improperly Loaded Cargo
If the cargo inside a semi-truck is improperly loaded, it can lead to devastating accidents. These accidents can leave you with severe injuries, costly medical bills, and long-term recovery needs. If a trucking company, driver, or cargo loader failed to follow safety rules, you should not have to pay for their mistakes.
A Houston truck accident lawyer from Fibich, Leebron, Copeland & Briggs can help you take action. Our firm has decades of experience handling truck accident cases and has won over $1 billion for our clients. We understand how to hold trucking companies accountable and are ready to help you today.
Do not wait to get the legal help you need. Contact Fibich, Leebron, Copeland & Briggs now to get started with your free initial consultation.
How Improper Truck Loading Leads to Dangerous Accidents
Improperly loaded cargo makes trucks dangerous for everyone on the road. Overloaded trailers, unsecured cargo, and uneven weight distribution make it harder for drivers to control their trucks, especially at high speeds or in bad weather. These problems increase the risk of loss-of-control truck accidents and the risk of secondary accidents from cargo spills.
Overloaded Trucks: A Disaster Waiting to Happen
When a truck carries more weight than it should, stopping takes longer, and tire blowouts become more likely. Brakes also wear out faster, and steering systems become less responsive. Additionally, overloaded trucks put extra strain on roads and bridges, which causes structural damage and compromises safety.
Unsecured Cargo: A Flying Hazard
Cargo that is not properly secured can shift and come loose during transport. Loose cargo can fall off trucks and create road hazards for other drivers. Even if loose cargo remains inside an enclosed trailer, shifting loads can make the truck harder to steer or stop.
Uneven Weight Distribution: The Tipping Point
If the cargo is not balanced, a truck can become unstable. Sharp turns, sudden stops, or high winds can cause trucks to tip over. Uneven loads also make jackknifing more likely, especially on wet or icy roads.
Legal Consequences of Truck Loading Violations in Texas
Texas law requires trucking companies and drivers to follow strict cargo-loading rules. The Texas Transportation Code states that truck drivers carrying loose materials must take steps to prevent spills or falling debris. Vehicles must have secure panels, tailgates, and covers when necessary. Trucking companies that fail to meet these requirements can incur legal penalties and liability in accidents.
Some overloaded trucks also violate Texas vehicle weight limits. The Texas DMV sets a maximum weight of 80,000 pounds for most trucks, with specific per-axle limits. Trucks that exceed these limits without a special permit can damage roads, cause brake failures, and increase accident risks.
Truck drivers and trucking companies can face legal liability for accidents caused by improper loading. Trucking companies must train employees, inspect cargo, and follow legal weight and securement rules. If they ignore these duties and someone gets hurt, they could face lawsuits.
Who Is Liable for an Accident Caused by Improper Cargo Loading?
Multiple parties could be responsible if a truck accident happens because of improperly loaded cargo. Liability for cargo loading accidents depends on who failed to follow safety rules or caused the dangerous conditions that led to the crash.
Truck Drivers
Truck drivers must inspect their cargo before driving. If they fail to check for loose, unbalanced, or overloaded cargo, they could be responsible for accidents. Drivers also have a duty to report unsafe loading conditions before getting on the road. Ignoring these responsibilities can lead to severe crashes.
Trucking Companies
Some trucking companies pressure drivers to carry overloaded or improperly secured cargo to save time and money. If a company encourages unsafe practices, ignores federal or state loading regulations, or fails to train drivers on cargo safety, it could be responsible for resulting accidents.
Cargo Loaders & Third-Party Companies
Many companies hire third-party loading teams to handle cargo. If a loading crew ignores safety protocols, secures cargo improperly, or fails to balance the weight correctly, it could be responsible for subsequent cargo-related accidents.
Vehicle Manufacturers
If a crash happens because of defective restraints, tie-downs, or other equipment meant to secure cargo, the manufacturer of those parts could be responsible. Defective safety equipment can lead to shifting loads, tipping trailers, or dangerous cargo spills.
Injuries and Damages from Truck Accidents Caused by Improper Loading
Improperly loaded cargo increases the risk and severity of truck accidents. Victims of these accidents often suffer life-changing injuries that require costly medical care and impact their ability to work or enjoy daily life.
Common Injuries
Truck accidents involving improper loading often cause serious injuries to drivers, passengers, and other road users. Common truck accident injuries include:
- Spinal cord injuries that lead to paralysis or chronic pain
- Traumatic brain injuries that cause memory loss and permanent cognitive issues
- Broken bones and fractures that take months to heal
- Internal organ damage and internal bleeding that require emergency surgery
Financial and Emotional Strain
Recovering from a truck accident costs time and money. Medical bills can pile up quickly, especially if victims require surgeries, hospital stays, or rehabilitation. If survivors are too hurt to return to work, lost wages can make it harder for them to support themselves and their families. Property damage from these crashes also leaves many victims without reliable transportation. Finally, emotional distress resulting from the accident can cause anxiety, depression, or post-traumatic stress. Many victims must take legal action to recover fair compensation for these losses.
What to Do After a Truck Accident in Houston Due to Improper Loading
The steps you take after a truck wreck can affect your ability to recover compensation for medical bills, lost wages, and more. Here’s what you can do to protect yourself and strengthen your case:
- Call 911 immediately. Report the accident and request medical help if necessary.
- Seek medical attention as soon as possible. Even if you feel fine, get checked by a doctor.
- Document the accident scene. Take photos of vehicle damage, road conditions, and loose cargo.
- Get contact information from witnesses. Ask for names, phone numbers, and statements.
- Do not discuss fault at the scene. Let investigators determine what happened.
- Keep records of all medical treatment. These documents can help you prove your losses.
- Follow your doctor’s treatment plan. Ignoring care recommendations could hurt your claim.
- Consult a lawyer before speaking with insurance companies. An attorney can help you understand your legal options before you accept any settlement offers.
Fibich, Leebron, Copeland & Briggs has decades of experience handling truck accident cases in Houston. Founding partner Tommy Fibich has been practicing law for 50 years, and three of our attorneys hold board certifications from the Texas Board of Legal Specialization. Contact us today to learn more about how we can help with your Houston truck accident case.
How a Houston Truck Accident Lawyer Can Help You
If you were hurt in a Houston truck accident, an experienced injury lawyer can handle every aspect of your injury case while you focus on recovery. They can help you by:
- Gathering evidence from the crash site, including photos, videos, and police reports
- Reviewing trucking company records to check for violations of loading regulations
- Interviewing witnesses who saw the accident or the cargo loading process
- Examining driver logs and truck maintenance records for signs of negligence
- Consulting accident reconstruction experts to analyze how the crash happened
- Calculating the value of losses like medical expenses, lost income, and pain and suffering
- Holding cargo loaders and third-party companies responsible if they caused the accident
- Challenging trucking company tactics that try to shift blame onto you
- Negotiating with insurance companies to pursue a fair settlement
- Filing a lawsuit if the trucking company or insurer refuses to offer fair compensation
- Representing you in court if your case goes to trial
Frequently Asked Questions
If you were involved in a truck accident involving improper cargo loading, you might have questions about your legal options and how to recover compensation. Below are answers to some common questions about truck accidents involving loading errors.
- What are the main dangers of trucking loading errors? Overloaded trucks take longer to stop and are harder to control. Improperly loaded cargo can cause rollovers, jackknife accidents, and cargo spills.
- Who is responsible for ensuring cargo is properly loaded? Truck drivers, trucking companies, and cargo loaders all share responsibility. Drivers must inspect their loads before driving. Trucking companies must train their drivers and ensure their equipment is safe. Cargo loaders must secure and balance loads correctly.
- Can I sue if I was injured in an accident caused by an overloaded truck? Yes. You may have a claim against the driver, trucking company, cargo loaders, or others responsible for the improper loading.
- How much compensation can I recover in a truck accident claim? Available compensation depends on your medical expenses, income losses, property damage, and pain and suffering. A lawyer can help you calculate a fair amount based on your losses.
- What should I do if I suspect a truck accident was caused by improper loading? Call 911, seek medical attention, and gather evidence from the scene of the accident. Speak with a lawyer to discuss your legal options.
Protecting Your Rights After a Truck Accident in Houston
If you were injured in a Houston traffic accident because of an improperly loaded truck, Fibich, Leebron, Copeland & Briggs can help. We have decades of experience investigating truck accidents and fighting for injured victims. Let us help you pursue the compensation you need to move forward. Contact us now to discuss your case in a free consultation session.