Collisions can be caused by unsecure cargo in two main ways. Unsecure cargo can affect the truck’s stability or maneuverability causing the driver to lose control. Cargo must be contained, immobilized or secured to prevent shifting to such an extent that the commercial motor vehicle’s stability or maneuverability is adversely affected. See F.M.C.S.R § 393.100 (c). Secondly, unsecure cargo can fall off a truck onto the roadway or directly onto a vehicle. Commercial motor vehicles must be loaded and equipped to prevent cargo from leaking, spilling, blowing, or falling from the motor vehicle. See F.M.C.S.R. §393.100(b). Cargo must be firmly immobilized or secured on or within a vehicle by structures of adequate strength, dunnage or dunnage bags, shoring bars, tie downs or a combination of these. See F.M.C.S.R. §393.106(b).
Truck drivers are required to follow specific rules for securing cargo to ensure that it remains safe and stable during transport. Here are the main rules for truck drivers on securing cargo:
By following these rules, truck drivers can help ensure that their cargo remains safe and secure during transport and reduce the risk of accidents or injuries caused by shifting or falling cargo. Truck drivers who violate these rules may be subject to fines, penalties, or other legal consequences.
The specific rules for proper and safe load securement of materials can be found in the following sections of the F.M.C.S.R.:
Multiple parties can be responsible for an unsecure cargo load. The Cargo Manufacturer is responsible for properly bundling and/or packaging its product for transportation. The Shipper is responsible for properly and safely loading the cargo on the trailer. The Motor Carrier is responsible for providing its drivers with proper securing devices and training drivers on how and when to use them. The Securement Device Manufacturer is responsible for properly manufactured to withstand forces for the load whether failed due to defect The Driver is responsible for properly securing the cargo and inspecting it along with way to its destination. The Receiver is responsible for properly unloading and/or assisting in the unloading of the cargo.
Simply put, hiring an experienced truck accident attorney after your accident gives you the best possible chance of ending up with a good outcome in a very bad situation. Numerous parties may be liable for your injuries, and an experienced attorney from Nares Law Group will be able to identify those parties and determine how best to pursue compensation. The introduction of these other parties, as well as the complicated web of statutes and regulations, means that pursuing a claim requires a special level of expertise.
