Truck Accidents and Improperly Loaded Cargo

Because of the sheer size and weight of semi-trailer trucks or big rigs, trucking accidents can impact dozens of other vehicles and lead to fatalities and serious injuries. Although there are many factors that may lead to a trucking accident, one common but preventable cause is improperly loaded cargo.

Victims of truck accidents caused by improperly loaded cargo may be entitled to compensation for their injuries and are encouraged to speak with a truck accident attorney. Attorney Shane R. Kadlec is experienced in truck accidents involving improperly loaded cargo. If you have been injured in a truck accident, contact the Law Office of Shane R. Kadlec in Houston, TX to learn more about your legal rights.

Improperly Loaded Cargo Is Dangerous

It’s important for trucks carrying cargo to properly load their goods. Improperly loaded cargo can throw off a truck’s balance and increase the risk of accidents. In addition to the dangers of uneven weight distribution, improperly loaded cargo can create other hazards, like spilling onto the road or hitting other vehicles and causing injuries.

The type of cargo being carried can increase the dangers of an improperly loaded truck. Carrying flammable cargo, chemicals, or other hazardous material can lead to even more serious injuries to those involved in an accident.

Types of Accidents Caused by Improperly Loaded Cargo

When a truck is improperly loaded with an uneven weight distribution, it can make it more difficult for the driver to control his or her truck, increasing the risk of rollover accidents and jackknifing. Sometimes, trucks may be loaded evenly but carry too much cargo. Overloaded trucks are more difficult to stop due to the increased weight, which can make it impossible for a driver to stop safely in order to avoid an accident.

Improperly loaded cargo can lead to many different types of accidents. Some of the most common types of these accidents include:

  • Jackknife accidents
  • Rear-end collisions
  • Rollover accidents
  • Sideswipe accidents
  • Accidents caused by spilled cargo or debris on the road

Determining Liability

It can be difficult to determine liability in a trucking accident due to the number of people that are often involved. Additionally, due to the commercial nature of trucks, there may be several parties that need to be investigated to determine liability, such as the party responsible for loading the truck, the corporate entity that owns the truck, the truck driver, or any other party that may have been a source of the accident. An experienced truck accident attorney can facilitate the investigation of an accident to determine liability and ensure a positive outcome for the client.

Truck and Cargo Accident FAQs

Answer: Federal Motor Carrier Safety Administration (FMCSA) rules require cargo to be loaded and secured to prevent shifting, with specific weight distribution and tie‑down standards. Violations of these regulations can establish negligence per se in your claim, strengthening your case against the carrier or loader.

Answer: Your attorney can request the carrier’s safety performance data, such as Hours of Service logs, inspection reports, and prior cargo securement violations, from the FMCSA’s Safety Measurement System. Demonstrating a history of compliance failures helps show systemic negligence, not just an isolated loading error.

Answer: Liability can extend to freight brokers who arranged the load, third‑party loading companies, and the shipper that packed the trailer. Your lawyer will investigate every link in the supply chain to identify all responsible parties and maximize your recovery.

Answer: Photographs of trailer interior showing load pattern, skid marks indicating sudden maneuvers, and any spilled cargo help document the cause of instability. Gathering weigh‑station records and driver load manifests further authenticates weight distribution issues.

Answer: Punitive damages may be available if the carrier or loader’s conduct was willful or grossly negligent, for example, knowingly overloading beyond legal limits. Your attorney will investigate internal communications or past safety audits to prove a reckless disregard for safety.

Answer: You generally have two years from the date of the collision to file a personal injury or wrongful death lawsuit against negligent parties. Acting promptly ensures your lawyer can preserve critical evidence such as load tickets and witness testimony before it’s lost.

Contact the Law Offices of Shane R. Kadlec

Because determining liability in a truck accident caused by improperly loaded cargo can be a challenge, it is important to contact an experienced truck accident attorney to protect your rights. Our experienced truck accident attorney can help clients get the maximum settlement for their injuries and help hold the responsible party liable for negligence. Contact the Law Offices of Shane R. Kadlec to discuss your legal options.

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