IMPROPERLY LOADED AND OVERLOADED TRUCK LAWYERS

Best Truck Accident Attorney Near Me

One of the main causes of truck accidents in Alabama is improperly loaded or overloaded trailers. The employee who loads the cargo is expected to make sure the truck, including the trailer and all items inside, is properly loaded and does not exceed the maximum weight limit set forth by the Federal Motor Carrier Safety Administration (FMCSA). When they are overloaded or improperly loaded, they can easily cause deadly accidents. One common reason for truck collisions is a driver’s loss of control of an overweight or overloaded truck. Several factors can lead to these truck accidents, including intoxicated and fatigued driving, severe weather, an improperly maintained vehicle, and improperly loaded cargo. Improper and overloaded trucks can pose a danger, which is why the Federal Motor Carrier Safety Administration (FMCSA) sets strict regulations that trucking companies are expected to follow. When a truck is overloaded or improperly loaded, it can affect how the truck handles, which is especially dangerous in rainy or snowy conditions or emergency-stopping situations. Trucks operating under these conditions may be subject to rollovers or jackknifes, causing the driver to lose control of the rig. If you or a loved one has been injured or killed in an accident caused by an improperly loaded truck, you need the best truck accident lawyer you can hire in Alabama. We offer free, no-obligation consultations to all truck accident victims. Call 256-534-3435 now. We are here to help.

Federal regulations cap the weight limit of commercial vehicles at 80,000 pounds. An overloaded, unevenly distributed, unsecured, or improperly loaded truck can cause an accident due to the following reasons:

• Overturning due to one side being heavier than the other
• Brakes failing to stop the overloaded truck in time
• Jackknifing caused by the heavier trailer
• Loads or cargo falling on individuals

Improperly Loaded Trucks

A truck that is improperly loaded can be just as great of a hazard as an overloaded truck. When trucks are loaded, they should be loaded in a balanced manner. Loading the cargo too much to one side or the other can cause the truck to tip over or can make turns difficult to make. Loading the cargo in a top-heavy way can also cause rollovers. The people loading the truck must take care to balance the load in a way that will remain safe for the duration of the trip. A load may also shift in transit. If the load isn’t properly secured, the cargo can shift and become unbalanced. The cargo can also fall from the truck and onto the roadway or other vehicles. Cargo that has shifted inside the trailer can fall out when the trailer is opened, and potentially injure the driver, unloading crew, or bystanders.

Overloaded Trucks

Overloaded eighteen-wheelers can make the vehicle far more sluggish, difficult to drive, and slower to respond to emergencies and avert collisions. Semi-trucks that exceed the federal weight limits have increased risks of tire wear that can cause blowouts, rollovers, and jackknifing. They can also be dangerous to older roads and aging bridges. Overloading also poses the risk of falling cargo that can strike vehicles, and individuals or create dangers in the roadway.

Responsible Parties

There are several parties we can pursue who might be responsible for causing your injuries. These include the following:

• Truck driver
• Employer of the driver
• Company that loaded truck
• Owner of the truck
• Leasing company
• Owner of the truck trailer
• Truck maintenance company
• Company that unloaded truck
• Workers Compensation/employer
• State or county road maintenance

What should I do after a crash involving spilled or shifted truck cargo?

Call 911, seek prompt medical care, and report the crash. If it is safe, photograph the truck, trailer, cargo, tie-downs, roadway debris, skid marks, and identifying information; obtain witness details; and preserve damaged property. Do not enter traffic lanes or approach unstable or hazardous cargo.

What is an improperly loaded truck?

A truck may be improperly loaded when cargo is unevenly distributed, stacked unsafely, inadequately secured, placed too high, or loaded in a way that can shift, leak, or fall during transit. Whether the loading violated a safety duty depends on the cargo, vehicle, operation, and applicable rules.

What is an overloaded commercial truck?

An overloaded truck carries more weight than allowed for the vehicle, its components, the roadway, or applicable permits and regulations. Weight limits can vary based on axle configuration, vehicle type, cargo, route, and legal exceptions, so the actual records must be reviewed.

How can improper loading cause a truck accident?

Uneven or unsecured cargo can change a truck’s center of gravity, handling, braking, steering, and stability. A shifting load may contribute to a rollover, jackknife, loss of control, tire or component failure, or cargo falling into traffic.

How can overloading affect braking and stopping distance?

Excess weight may increase stopping demands and place additional stress on brakes, tires, suspension, and other components. Whether overloading contributed to a particular crash may require inspection records, weight data, vehicle evidence, and expert analysis.

Who may be liable for an improperly loaded or overloaded truck?

Depending on the facts, potentially responsible parties may include the driver, motor carrier, shipper, cargo loader, warehouse operator, truck or trailer owner, broker, maintenance contractor, parts manufacturer, or another entity. More than one party may share responsibility.

Can a cargo-loading company be responsible for a crash?

Possibly. A loading company may face liability if it had responsibility for loading or securing cargo and its conduct contributed to the accident. Loading instructions, photographs, contracts, bills of lading, weight tickets, and witness testimony may be important.

Can the truck driver be responsible for an unsafe load?

Potentially. A driver may have duties to inspect cargo, recognize certain loading problems, secure or resecure cargo, comply with weight restrictions, and stop operating when a condition is unsafe. The applicable duties depend on the cargo and operation.

Can the motor carrier be responsible for loading or weight violations?

A motor carrier may face liability for its own policies, dispatch decisions, training, supervision, inspections, maintenance, or loading practices, or under applicable principles governing the driver’s conduct. The answer depends on the evidence and legal relationship.

What records can show how a truck was loaded?

Relevant evidence may include bills of lading, manifests, scale and weight tickets, loading diagrams, photographs, warehouse video, seal records, cargo-securement documents, dispatch messages, inspection reports, permits, and testimony from loaders, drivers, and witnesses.

What evidence should be preserved after an overloaded-truck crash?

Potential evidence includes electronic logging and engine data, onboard video, weight and scale records, cargo documents, inspection and maintenance files, dispatch communications, photographs, damaged securement equipment, trailer contents, and surveillance footage. Prompt preservation efforts may be important.

How do federal cargo-securement rules affect a claim?

Federal Motor Carrier Safety Regulations may govern how covered cargo must be contained, immobilized, or secured and how cargo is inspected during a trip. Which rules apply depends on the carrier, vehicle, cargo, route, and operation.

Can falling cargo create a legal claim even without a collision with the truck?

Yes, a claim may be possible when falling or spilled cargo strikes a vehicle or person, creates a roadway hazard, or causes another driver to take evasive action. Liability still depends on proof of the responsible party, unsafe conduct, causation, and damages.

What types of crashes can unsafe cargo cause?

Improper loading or overloading may contribute to rollovers, jackknifes, tire blowouts, brake-related crashes, lost-load incidents, lane departures, bridge or roadway impacts, and multi-vehicle collisions. The cause of a particular crash requires investigation.

What injuries may occur in improperly loaded truck accidents?

These crashes may cause traumatic brain injuries, spinal injuries, fractures, burns, crush injuries, amputations, internal injuries, soft-tissue injuries, psychological trauma, and fatal injuries. A qualified healthcare professional should diagnose and document the condition.

What compensation may be available after an unsafe-load truck accident?

Depending on the claim and evidence, damages may include medical expenses, lost income, reduced earning capacity, pain and suffering, disability, disfigurement, and property damage. Alabama wrongful-death damages and claims involving public entities follow different rules.

How does Alabama’s contributory-negligence rule affect an overloaded-truck case?

A defendant in an Alabama negligence case may argue that the injured person’s own negligence contributed to the crash. The rule and possible exceptions are fact-dependent, making careful investigation of cargo, weight, vehicle, roadway, and witness evidence important.

How long do I have to file an improperly loaded truck claim in Alabama?

The deadline depends on the legal claim, defendant, injured person, and other facts. Wrongful-death claims, claims involving minors, and claims against government entities may follow different rules. Prompt review also helps preserve cargo and commercial records.

Should I speak with the trucking company or cargo insurer?

You may provide basic identifying information, but you should not speculate about fault or the extent of your injuries. Before giving a recorded statement or signing a broad medical authorization, release, or settlement agreement, consider obtaining legal advice.

How can I contact Ferguson & Ferguson about an unsafe-load truck accident?

Ferguson & Ferguson’s Huntsville office is at 303 Williams Avenue SW, Suite 321, Huntsville, Alabama 35801, telephone 256-534-3435. The Decatur office is at 211 Oak Street NE, Decatur, Alabama 35601, telephone 256-350-7200. The firm offers free, no-obligation consultations for truck-accident inquiries.

Why Hire Ferguson & Ferguson

Like all trucking accidents, these types of accidents typically cause catastrophic or fatal injuries such as burns, fractures, amputations, brain injuries, or spinal cord injuries. Our Alabama truck accident attorneys have more than 50 years of experience handling these types of cases and are committed to helping victims secure the compensation they need to pay for their medical bills and any other damages resulting from their injuries. We can help you seek compensation for medical bills, lost wages, and pain and suffering. If you have been injured in a crash caused by an overloaded or improperly loaded truck, contact one of our Alabama truck accident lawyers today to schedule a consultation regarding your case. Our Alabama truck accident attorneys only collect a fee if we secure compensation on your behalf.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601