Improper Loads and Truck Accidents

According to the Federal Motor Carrier Safety Administration, the annual number of motor vehicle accidents involving large trucks is on the rise. These accidents aren’t just common – they are uniquely dangerous and pose dire consequences to all parties involved. In fact, the National Safety Council reports that large trucks account for 6% of all fatal crashes from year to year.

There are several different factors that can increase the risk of a commercial truck being involved in a traffic accident, but many of these factors are well within the control of truck drivers and truck loaders. If you or a loved one has been involved in a motor vehicle accident caused by improper truck loading or an unsecured truck load, you may have recourse to seek compensation under the standards set forth by the Commonwealth of Massachusetts. Let’s explore some of the dangers of improper truck loads and discuss what legal options are available to Massachusetts residents who have been injured in a truck-related motor vehicle accident.

What is improper truck loading?

“Improper loading” refers broadly to any scenario in which the cargo of a commercial truck has been loaded without adhering to requisite safety standards or in such a way as to create a safety hazard. A few common examples of improper loading include:

• Overloading: All vehicles have weight limits set by both state and federal entities. Exceeding these limits can lead to problems like brake failure, tire blowouts and more, making overloading a major safety hazard for truck drivers and their fellow motorists.
• Unbalanced loads: In order to safely carry large cargo loads, truck drivers and loaders must evenly distribute the cargo within the truck’s trailer to prevent cargo from shifting during transit. Properly balancing a truckload is one of the best ways to safeguard against rollovers and jackknifing incidents in which the cabin or the truck essentially folds in on itself.
• Unsecured loads: Regardless of whether the cargo is being transported by a truck with an open or closed trailer component, all cargo must be tightly secured while the truck is in motion. Failing to secure cargo in an open trailer, such as that used to transport lumber, can lead to the contents of a truckload falling into the road, thus creating a major safety hazard for other motorists. Unsecured cargo in closed trailers can be equally dangerous because items can shift during transport and unbalance the weight load.

Accidents caused by any of the above improper loading techniques can cause or contribute to serious motor vehicle accidents, many of which result in personal injuries to other drivers and passengers. In the worst cases, these accidents can prove fatal, which is why it is so important for drivers and loaders to adhere to all requirements set by both the Commonwealth of Massachusetts and federal regulatory entities like the Federal Motor Carrier Safety Administration (FMCSA).

What rules are there in Massachusetts about truck loading?

The Massachusetts Department of Transportation (MDOT) sets forth a number of requirements and guidelines pertaining to proper truck-loading practices. Here is a quick overview of some of these requirements:

• Single axle trucks are subject to a weight limit of 22,400 lbs; Tandem axle vehicles may not exceed 36,000 lbs.
• Truck dimensions for oversized loads should not exceed 8’6” in width, 13’6” in height or 53’ in length
• All trucks should be equipped with red reflectors in the rear
• Trucks must be equipped with splash guards to reduce the risk of splashing rainwater, snow or slush on other vehicles

Trucks that exceed any of the size or weight restrictions outlined above must secure special permits in order to operate on Massachusetts roadways. In some cases, drivers with these oversized permits may only be permitted to travel during the daytime hours or may be subject to additional limitations to maximize safety.

Who is liable for accidents involving improper truckloads?

Liability in cases involving improperly loaded commercial vehicles can be complicated, and the details of each individual case must be carefully considered. When an accident occurs as the result of improper truck-loading practices, there are a few different parties who may be considered liable, depending upon the specific facts of the case. Truck drivers and their employers, truck loaders and truck manufacturers could all conceivably bear some burden of responsibility for cases involving unbalanced or unsecured truck loads.

In order to move forward with a personal injury or other legal claim related to these accidents, injured parties and their legal representatives must demonstrate that the other party or parties involved were negligent and directly contributed to an accident. Given that trucking companies are subject to a number of stringent requirements set by both the state and federal governments, failure to comply with these requirements could certainly be indicative of at least some degree of liability in resulting accidents.

It is important to understand that the Commonwealth of Massachusetts practices what is known as “comparative negligence” when determining liability in personal injury cases such as these. This essentially means that, in order to seek damages from another party involved in an accident, a plaintiff must demonstrate that he or she was not more than 50% responsible for an accident. From there, the amount of compensation owed to a plaintiff will be reduced to reflect their comparative level of responsibility in an accident.

For example, let’s consider a case in which a truck with an unsecured load in an open trailer is driving down the highway when one of the boxes it is carrying suddenly breaks loose and tumbles onto the roadway. Now, let’s say that a sedan directly behind this truck was tailgating and failing to maintain a safe distance from the vehicle in front of it and subsequently collides with the fallen cargo. The Commonwealth of Massachusetts may determine that the truck driver was 70% responsible for the accident due to their failure to secure cargo, while the other driver was 30% responsible for failing to maintain a proper distance. In this case, the driver of the sedan would have the amount of damages they are owed reduced by 30% in order to reflect their level of comparative negligence.

Both parties are considered at least partially liable in this case, which directly affects the final amount of damages that can be collected by a plaintiff. Because of this comparative negligence rule, it is vital that plaintiffs in these cases provide substantial and convincing evidence of the other party’s negligence in order to maximize the amount of damages they are owed for any property damage or personal injuries.

What kinds of damages can be collected in these cases?

If you have been injured in a motor vehicle accident involving improper truck loading practices, you may be entitled to compensation to help with economic damages like medical bills, motor vehicle repairs, lost wages, rehabilitation costs, and more.

Drivers may also be able to seek non-economic damages for things like pain and suffering, mental anguish and emotional distress, depending upon the severity of their accident and its long-term consequences.

Injured in an accident? Work with an experienced truck accident lawyer

If you or a loved one have suffered an injury as the result of a truck driver’s negligence, it is highly advisable that you work with an experienced truck accident lawyer to help you secure the best possible outcome for your case. Attorneys like those at the Law Offices of Gerald J. Noonan have decades of experience helping Massachusetts residents navigate the legal process with ease and dignity.

Our team can help conduct an in-depth investigation to determine negligence and liability in your case so you can more effectively negotiate with insurance companies, file an effective personal injury claim and seek adequate compensation for your damages, pain and suffering. Reach out today for a consultation, and a member of our team will be happy to walk you through the options available to help you pursue the compensation you deserve following a truck-related motor vehicle accident.