Truck Accidents Due to Improper Loading in Winter Haven

At JustCallMoe, we have seen the devastating consequences that can result when commercial trucks are not loaded properly. Improper loading of cargo is one of the leading causes of truck accidents in Winter Haven and throughout Florida. These preventable crashes often lead to catastrophic injuries and tragic fatalities. This guide will take an in-depth look at the dangers of improper load securement and what you need to know if you have been hurt in truck accidents due to improper loading. As experienced Winter Haven truck accident attorneys, we are here to help victims and families get the justice and compensation they deserve.

The Risks of Improperly Loaded Trucks

Commercial trucks can carry tens of thousands of pounds of cargo. When that cargo is not properly loaded, balanced, and secured, it creates major risks for the truck driver and everyone else sharing the road. Some of the hazards of improper loading include:

• Uneven weight distribution that makes the truck difficult to control
• Overloading that places excess strain on truck components like brakes and tires
• Unsecured or loose cargo that can fall off the truck into traffic
• Shifted loads that cause the truck to jackknife or rollover

According to the Federal Motor Carrier Safety Administration (FMCSA), truck accidents due to improper loading are common on our highways. A load that is off-balance by just 5% can increase the risk of a rollover by 40%. Overloaded trucks require 20-40% more stopping distance. Spilled cargo is responsible for up to 25,000 accidents annually.

Causes of Improper Loading Truck Accidents

There are many reasons why a commercial truck may end up overloaded or improperly loaded.

These include the following:

• Negligence by the shipping company, warehouse workers, or other cargo loaders
• Inadequate training on proper load securement techniques
• Defective equipment like worn-out tie-down straps or broken pallets
• Insufficient dunnage (packing materials) to prevent loads from shifting
• Lack of oversight by trucking company to ensure regulatory compliance
• The truck driver failing to inspect the load and make adjustments
• Pressure to meet unrealistic delivery deadlines leading to rushed loading

Ultimately, it is the legal responsibility of the motor carrier to ensure their trucks are in safe operating condition before traveling on public roadways. That includes making sure all cargo is appropriately distributed and firmly secured. When trucking companies cut corners and allow unsafely loaded trucks on the road, innocent people get hurt.

Types of Injuries Caused by Improper Loading Accidents

Due to their immense size and weight, commercial trucks can cause significant damage in a crash, especially if the collision involves an overturned truck or falling cargo. Victims of improper loading truck accidents often suffer severe, life-altering injuries such as:

• Traumatic brain injuries
• Spinal cord injuries and paralysis
• Crushed or amputated limbs
• Neck and back injuries
• Internal organ damage
• Broken bones and fractures
• Lacerations, bruises, and road rash
• Wrongful death of truck accident victims

These catastrophic injuries require extensive medical treatment and ongoing care. Many truck accident victims are unable to work and support their families. The physical, emotional, and financial toll can be overwhelming for victims and their loved ones.

Florida Laws on Truck Cargo Securement

Like all states, Florida has laws in place governing the safe transportation of cargo by commercial motor vehicles. These regulations are in addition to the federal cargo securement rules established by the FMCSA. Key requirements under Florida Statutes section 316.520 include:

• All loads must be securely fastened to prevent cargo from dropping, shifting, leaking, or escaping from the vehicle.
• Tie-downs and other securement devices must be strong enough to withstand a force of at least 1 1⁄2 times the weight of the cargo.
• Loads must be firmly secured at the front and rear and on both sides.
• Any load extending more than four feet beyond the rear of the truck must have a red flag or lights attached.

Trucking companies and commercial vehicle drivers who violate these load securement regulations can face hefty fines, penalties, and liability for any accidents that occur as a result.

What To Do After an Improper Loading Truck Accident

Knowing what to do in the aftermath of a serious truck crash can be confusing and overwhelming, especially if you are dealing with painful injuries. However, the steps you take can have a significant impact on your health, well-being, and legal rights. If you are involved in an improper loading truck accident in Winter Haven, we recommend that you take the following steps:

• Call 911 and report the crash to law enforcement.
• Seek immediate medical attention, even if your injuries seem minor.
• Exchange information with the truck driver and other involved motorists.
• Take photos of the accident scene, damage to vehicles, and your injuries, if possible.
• Talk to eyewitnesses and get their names and contact information.
• Notify your own insurance company that you were in an accident.
• Watch what you say to the trucking company and their insurers, and do not accept any quick settlement offers.
• Contact an experienced Winter Haven truck accident lawyer to discuss your rights and options for seeking compensation.

At JustCallMoe, our dedicated legal team can thoroughly investigate your improper loading truck accident to determine liability and build a strong case for maximum damages. We know how to take on trucking companies and their insurers in pursuit of the full and fair compensation you need to rebuild your life.

Seek Legal Help

If you have been seriously hurt or have lost a loved one in a truck accident caused by unsecured or imbalanced cargo, you may be entitled to significant compensation. The skilled Winter Haven truck accident lawyers at JustCallMoe are here to help you through the complicated legal process and fight for the justice your family deserves. We offer free consultations, and there are no fees unless we win your case. Contact us today to speak to a knowledgeable member of our team and learn more about how we can assist you after an improper loading truck accident in Winter Haven. JustCallMoe!