Failure To Secure Load
Accidents Due To Improperly Secured Cargo
There are an estimated 3.5 million truck drivers in the United States, and an estimated 15.5 million trucks that operate nationwide. The commercial truck driving industry is an essential part of our national economy because trucks are the primary method for manufacturers and distributors to deliver their goods to market. But it is imperative that it be done in a safe manner for the safety of the other millions of vehicle operators they share the road with. Transporting these goods across our country requires state and federal regulations to ensure that cargo is loaded safely. Cargo that is not loaded properly presents a significant hazard to the other vehicles on the road, resulting in major property damage and serious injuries.
Proper Training By The Employer Prevents Load Shifting and Spillage
Both truck loaders and drivers must be properly trained by their employers to prevent loss of loads and spillage. Truck drivers also must be trained in the proper loading, blocking and tie-down techniques. Truck drivers are responsible for inspecting their cargo and knowing if their cargo is properly secured, regardless of who actually loaded and secured the cargo onto the truck. It is the responsibility of the employer of the truck driver to be sure that his drivers are properly trained to use the correct tools and techniques to best secure the specific load being transported.
Duties of the Truck Driver to Conduct Pre-Trip Inspections and In-Trip Inspections
The Texas Department of Public Safety’s Commercial Motor Vehicle Driver Handbook mandates that truck drivers inspect their cargo not only before a trip, but every 150 miles during a trip, and after every break. This is because loads of cargo can shift and become unstable during a haul. Cargo that has not been adequately inspected by the truck driver for proper covering and security not only violates the driver’s duty to inspect, but subjects the truck driver to liability should that cargo come loose during the haul and cause an accident. Failure to maintain a safe load of cargo puts everyone else on the road at great risk.
Talk to an 18 Wheeler Accident Attorney
Improperly secured cargo causes many truck accidents on our nation’s roads and highways, including those in Texas. Our 18 wheeler accident attorneys know that commercial trucks are required to meet certain standards so that cargo does not become loose in transit, leading to accidents. If you have been injured as a result of someone losing their cargo in the road, call Simmons and Fletcher, P.C., for a free consultation today to discuss your legal rights. 800-298-0111.
Paul Cannon has practiced personal injury trial law since 1995. He is Board Certified in Personal Injury Trial Law (2005). He has earned recognition as a Super Lawyer by Thompson Reuters in 2017 & 2018, and as a Top 100 Trial Lawyer by the National Trial Lawyers Association in 2017. He is a Shareholder, trial lawyer and online marketing manager at Simmons and Fletcher, P.C. His legal writings have been published by the Texas Bar Journal, Business.com, Lawyer.com HG Legal Resources, Lawfirms.com, and others. He has been asked to give education talks and media interviews on dog bite law.