Driver Killed After Truck Falls Off I-355 Ramp

On January 31 in New Lenox, a truck crash on I-355 killed one person and injured another, reports ABC 7 Eyewitness News. The driver, 33-year-old Serghei Balint, was driving his tractor-trailer on the I-355 southbound ramp to I-80 eastbound when the cargo in his rig shifted. The resulting imbalance tipped over the truck, causing it to roll over the concrete barrier and fall off the ramp.

Balint was ejected from his truck and pronounced dead at the scene, and a passenger was taken to the hospital with non-life-threatening injuries.

Cargo shift truck accidents

Shifting cargo is, unfortunately, a common cause of truck accidents. An accident caused by shifting cargo can be, as we learned with this recent story, catastrophic—loss of life, damage to the truck, loss of cargo, and serious injuries to passengers or nearby vehicles.

Why does cargo shift? Commercial 18-wheelers have a high center of gravity, and cargo is the heaviest part of the truck. As a truck speeds up, slows down, and maneuvers on the road, the force of that movement can cause cargo to move around inside the truck. If the truck's cargo is improperly loaded, it can shift and cause the entire truck to go off-balance and tip over or jackknife. Cargo that isn't properly secured can also become loose and spill from a truck, hitting or becoming an obstacle for other vehicles, causing dangerous road conditions and deadly accidents.

Who is responsible if a cargo shift leads to a collision?

If you're injured in an accident caused by cargo shift, who is responsible? Who is liable for your damages and pain and suffering? According to the Federal Motor Carrier Safety Administration (FMCSA), truck drivers must check the cargo load during pre-trip inspection and then again within the first 50 miles. They should also check it when the duty status of the driver changes, and every three hours or 150 miles, whichever comes first.

However, it is the shipper who must initially load the cargo on the truck properly. If the shipper loaded and secured the cargo and sealed the tractor-trailer's doors, the trucking company generally isn't responsible for shifting freight. This liability would lie on the part of the shipping company. If the truck driver, on the other hand, participates or witnesses the loading process and something goes wrong, they could be held liable.

Any type of trucking or shifting cargo accident is complicated and it can initially be difficult to determine liability. The truck accident attorneys at Gainsberg Injury and Accident Lawyers will conduct a thorough investigation to find out exactly what caused your injuries and who is responsible. We will look for negligence on the part of the truck driver, the shipping company, the trucking company, or the owner of the trailer itself.

Even with all the safety measures built into the trucking industry, accidents happen. If you or a loved one were injured in a truck crash that was not your fault, our Chicago truck accident attorneys at Gainsberg Injury and Accident Lawyers can help bring claims against the appropriate parties.  We invite you to schedule a meeting with our legal team through our contact form, or by calling 312.548.9019 today.