Memphis Overloaded or Improperly Loaded Cargo Lawyers
Legal help when you’re injured by an overloaded cargo truck in West Tennessee
Almost every product you consume comes to you by truck. That means many trucks on the road and a large number of accidents caused by overloaded or improperly loaded cargo. Overloaded cargo is cargo that is too heavy. Improperly loaded cargo means cargo that is not secured, distributed, or contained in a manner that prevents instability. If you or a loved one has been injured in a truck accident involving overloaded or improperly loaded cargo, the lawyers at Greer Injury Lawyers, PLLC can help.
How can we help you today?
- What are the trucking industry’s regulations?
- What types of accidents are caused by overloaded or improperly loaded cargo?
- How does overloaded cargo cause accidents?
- How does improperly loaded cargo cause accidents?
- Who is responsible for my Memphis overloaded or improperly loaded cargo truck accident?
- What is comparative fault?
- What is the value of my Memphis overloaded or improperly loaded cargo truck accident claim?
- Truck driver insurance
- Do you have a Memphis truck accident lawyer near me?
What are the trucking industry’s regulations?
The Federal Motor Carrier Safety Administration (FMCSA) heavily regulates the commercial trucking industry to ensure that the rules for commercial truckers are the same throughout the United States. Individual states also have their own safety regulations concerning overloaded or improperly loaded cargo.
These regulations govern every aspect of cargo loading. When state and federal laws conflict, federal law wins.
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What types of accidents are caused by overloaded or improperly loaded cargo?
The following types of truck accidents are characteristic of cargo accidents:
- Jackknife accidents
- Rollover accidents
- Cargo spillage
- Blowouts
- Rear-end collisions
- Downhill overruns (when the driver loses control of the truck on a downhill grade)
- Zig-zagging (when the truck veers to the left or to the right, and the driver overcorrects)
These accidents can also be caused by problems that are not necessarily cargo-related.
How does overloaded cargo cause accidents?
Following is a list of ways that an overload of added cargo can cause traffic accidents:
- The weight of the cargo causes a tire to blow out. Blowouts are sudden events that cause a truck to veer out of control. A blowout can easily cause a truck to veer into oncoming traffic, resulting in a head-on collision.
- An overloaded truck can cause brake failure on a downhill slope as the momentum of the truck overwhelms the brakes.
- Overloaded trucks travel uphill very slowly. Especially when rounding a bend, a slow-moving truck can be rear-ended by a following vehicle. A head-on collision with oncoming traffic is also possible.
- An accident might occur because the truck’s sheer weight increases the stopping distance, giving the driver no time to react.
- Overloading raises the truck’s center of gravity, drastically increasing the likelihood of a rollover accident. A rollover accident involving an 18-wheeler truck can easily cause a multi-vehicle pileup.
- Certain kinds of overloading can shift the weight of the cargo too far back, causing the front wheels of the truck to lose friction with the road. This results in an “ice skating” effect.
- An overloaded truck can sometimes cause structural damage to bridges and overpasses.
The maximum weight a truck can carry depends on several factors.
How does improperly loaded cargo cause accidents?
Improperly loaded cargo can cause accidents in many ways:
- Distribution of cargo with a high center of gravity, resulting in a rollover accident. Improper distribution of cargo can cause this to happen even if the truck’s overall weight is within legal limits.
- Failure to use enough tie-downs to secure cargo. This can result in the cargo spilling onto the road.
- Improper use of tie-downs. Cargo with sharp edges can cut through tie-downs, for example.
- Underloaded cargo. If the cargo is liquid, for example, the “sloshing effect” can destabilize weight distribution in a very unpredictable manner. The truck might roll over, or it might veer to the left or to the right.
- Improper blocking and bracing of cargo. This will cause the cargo to shift, thereby destabilizing the truck. It could also cause cargo to spill onto the road or into traffic.
- Improper covering of cargo. This might include construction debris covered by a tarpaulin with holes in it, for example.
- Failure to use header boards. Header boards are a barrier between the truck’s cab and cargo that prevents cargo from breaking through to the cab area during sudden stops.
- Loading the cargo in a manner that obstructs the driver’s view of the road in the rear-view mirror.
- Failing to check the work of a cargo loading company (which can shift liability to the driver).
Who is responsible for my Memphis overloaded or improperly loaded cargo truck accident?
An insurance company may bear ultimate liability for most or all of your truck accident claims. But whose insurance policy?
A third-party cargo loader or shipper is the most obviously liable party in the event of an accident caused by overloaded or improperly loaded cargo.
The truck driver can share liability with the cargo loader or shipper for failure to properly inspect. Federal law requires truckers to inspect their cargo before the trip, within the first 50 miles, at the beginning of every shift, and every 150 miles or three hours.
The trucking company can bear liability for a trucking cargo accident if:
- The trucking company ordered the cargo loader or shipper to overload the truck to save money.
- The trucking company was negligent in hiring, training, or supervising the driver.
- The driver was their employee rather than an independent contractor. The trucking company can bear vicarious liability for the negligence of its driver, even if the trucking company itself was not at fault.
Except in the case of joint liability, these parties will bear liability in proportion to their relative fault. Under the right circumstances, the truck manufacturer, a third-party truck maintenance company, or even the truck owner might bear liability.
What is comparative fault?
Comparative fault is a legal tool for distributing compensation when more than one party is to blame for the accident. You can be sure that the opposing party will try to assign at least some of the blame to you.
Even if you are partially at fault for the accident, you will lose only part of your compensation as long as your percentage of fault is less than 50%. If your percentage of fault is 50% or more, you will lose all rights to compensation.
What is the value of my Memphis overloaded or improperly loaded cargo truck accident claim?
Tennessee recognizes three types of personal injury damages: economic damages, non-economic damages, and punitive damages.
- Non-economic damages include anything that you cannot count, such as pain and suffering.
- Economic damages include anything you can count, such as lost earnings and medical bills.
- Punitive damages are an extra amount that courts occasionally award for outrageous conduct. A court might award you punitive damages, for example, if the truck driver intentionally caused the accident. Punitive damages in Tennessee are limited to two times the total amount of compensatory damages (economic and non-economic damages combined) or $500,000.
Truck driver insurance
If you are the victim of a truck accident, you will be pleased to hear that commercial truck drivers are typically well-insured as a matter of law. Federal law requires most drivers to carry at least $750,000 in liability insurance if their rig weighs more than 10,000 pounds. A hazmat driver can be required to carry up to a minimum of $5 million in liability insurance. Since insurance amounts vary according to circumstance, it is best to consult with an attorney.
Do you have a Memphis truck accident lawyer near me?
Greer Injury Lawyers, PLLC is located in Memphis, Jackson, and Nashville and represents people throughout Tennessee. Rest assured, however, that if you are critically injured and unable to come to us, we can travel to visit you in the hospital or rehabilitation center. We also offer virtual conferences and telephone consultations.
Contact an experienced Memphis truck accident lawyer today
Overloaded or improperly loaded cargo claims are not uncommon. These claims tend to cause catastrophic injuries and wrongful deaths and can be worth a lot of money. The more money is at stake, the harder the defendant will fight to avoid paying it. Don't fight these cases without a lawyer. To schedule a no-obligation consultation today, please call our offices or fill out our contact form.
