(845) 802-0047When unsecured loads cause a New York trucking accident, it is the opposite of what trucking is supposed to be doing. The main purpose of large commercial vehicles is to safely and effectively haul cargo to make deliveries. Most 18 wheelers, flatbeds, tankers, double trailers, and other box trucks are delivering cargo throughout the United States. This is because the logistics and trucking industry is a huge interstate business. When these commercial vehicles cause 18 wheeler wrecks due to unsecured cargo, they are failing at their very purpose because they are 1) not delivering the cargo, and 2) endangering and harming others.
The risks of unsecured cargo causing a big rig crash is a real risk that affects every state. As a result, the federal government through agency promulgation has enacted rules and regulations which apply to commercial vehicles no matter what state the vehicle is traveling within. The Federal Motor Carrier Safety Administration (FMCSA) is that federal agency. There is an entire section dedicated to securing cargo, including the manner in which how cargo shall be secured and when cargo must be inspected.
FMCSA Regulations Governing Unsecured Cargo
There are two important parts of the FMCSA regulations which dictate how a truck driver or trucking company could be liable for a New York trucking accident caused by an unsecured load. The first part governs securing cargo, and the second part governs inspecting such cargo. A failure to comply with either part of these federal regulations could result in liability.
For instance, federal regulations require that a certain number of straps and devices are used to prevent any movement of certain cargo. There are also different requires for different types of cargo, such as rounded cargo having to be immobilized and boxed cargo having to be safely stacked. A violation in failing to follow the cargo placement and securement regulations could result in liability.
In addition, truck drivers must inspect their cargo at different times. Even though this generally applies to open air (i.e., flatbed) trucks, cargo contained inside of a box truck which topples over and out the back door or through the side could also result in liability. Under FMCSA regulations, a truck driver must inspect his or her cargo at the following times:
- Before moving;
- Within 50 miles of a new trip;
- Any change of duty status (e., off duty to on duty);
- After driving for 3 hours; and
- After driving for over 150 miles without checking.
In addition, a truck driver should also check his or her cargo when he or she reasonably believes it to have shifted, become compromised, or if the securement devices have slipped or started to fail in any manner.
What Happens When Unsecured Cargo Causes a New York Trucking Accident
When someone is injured due to a semi tractor-trailer having an unsecured cargo, there are multiple ways in which a victim and his or her family may establish liability for such injuries. The most obvious way is through a violation of the FMCSA regulations. If it is proven that the truck driver or trucking company used inadequate securement devices or failed to use the appropriate devices, it could be evidence of negligence against them. Likewise, if a truck driver has failed to perform the required inspections and cargo fell off of the truck after the period for which an inspection should have been performed, it could also be evidence of negligence.
In addition to federal regulations, a victim of a New York trucking accident caused by unsecured cargo may also be able to use New York statutory law and common law to prove his or her claim. New York statutory law requires that all motorists ensure no cargo or debris fall off of their vehicle and cause injury to another or create an injurious hazard on the roadway. Victims may also be able to argue New York common law, or judge-made law, on the grounds that a reasonably prudent truck driver would ensure his cargo was properly secured and would not allow unsecured cargo to cause personal injuries to others.
Victims of New York Trucking Accidents Caused by Unsecured Loads Should Call Our Law Firm
Unsecured cargo that falls off of a commercial truck like an 18 wheeler, flatbed, semi tractor-trailer, or other large box truck could result in serious personal injuries or the wrongful death of a person. This is incredibly dangerous, especially on fast-moving highways, interstates, thruways, and other roadways where a person’s reaction time to avoid fallen cargo is significantly decreased. If you or a loved one have been seriously injured or if a loved one has been wrongfully killed, please call our New York trucking accident lawyer to learn what your rights to compensation may be by scheduling a FREE consultation.