Overloaded Trucks and Loose Loads Can Lead to Deadly Accidents

Drivers of motor vehicles traveling the highways of Illinois often encounter various threats and dangers to safety requiring their focused attention and necessary precautions. One of these dangers involves debris falling from large trucks and flatbed trailers.

Often, flatbed trucks carry loads that are secured by reliable equipment and devices designed to prevent items from falling off the truck during transport. However, devices sometimes fail and schemes to secure payloads are inadequate. When this happens, serious car and truck accidents involving one or more vehicles can occur, resulting in serious injuries and even death.

Debris on the roadway is dangerous

According to a AAA Foundation for Traffic Safety study looking at debris on U.S. roadways between 2011 and 2014, over 200,000 crashes during this period were due to roadway debris. As a result, some 39,000 injuries and over 500 deaths occurred. Drivers maneuvering to avoid roadway debris are linked to 37 percent of these fatalities.

Various federal and Illinois state laws, including the Federal Motor Carrier Safety Act, are in place to prevent tractor-trailers from operating on the highways unless their loads are properly covered and secured. It is usually the responsibility of the truck operator and the trucking company to ensure that no defective cargo restraining methods or containers are used.

Many types of materials, if spilled, can cause significant cleanup issues as well as hazards for those in the area. As well, the debris left on roadways, if not immediately addressed, can present dangers scenarios for other oncoming drivers. Some of the materials that may be lost in the spill due to truck overload or inadequate cargo restraint include bricks, cement, hazardous waste materials, food products, household goods, auto parts, oil and gas, gravel, steel beams, rebar, and lumber.

These accidents are completely preventable with proper inspection of the load and containment system prior to the start of travel.

Liability considerations for loose loads

Liability for any accidents and injuries resulting from a spilled cargo load may rest with the truck driver, the trucking company, or the supplier that loads the vehicle improperly. Some examples of negligence leading to these accidents include:

• Using damaged or worn tie-downs are straps
• Failing to use the proper tie-downs to secure a load
• Failing to properly secure and latch the trailer doors on the semi
• Failing to ensure the load is balanced properly on the truck
• Failing to load the truck in a manner that prevents cargo shift during transport
• Overloading the truck beyond established regulations and/or manufacturer recommendations

Regarding the problem of overload, excessive weight on a truck can cause cargo to shift one way or the other resulting in a potential jackknife or rollover accident. As well the additional, excessive weight on an overloaded truck can increase the potential damage caused to other vehicles in the event of a cargo spill or car-to-truck impact.

At Gainsberg Injury and Accident Lawyers, we understand the devastation you may be experiencing in the wake of injuries you have suffered in a truck accident. Whether the cause was due to an overloaded truck condition or simply loose cargo not properly tied down, we are able to investigate the incident and fight for the compensation you deserve. We will hold the responsible parties accountable for the recovery you need. To learn more about the strong advocacy we can provide, and to request a free consultation, call our Chicago office today at 312-600-9585 or fill out our contact form.