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Melbourne Truck Accidents: Lost Load

Hazards abound when cargo isn't properly secured

Florida motorists are urged to respect the size and weight of large commercial trucks because a collision with a tractor trailer can very easily end with nightmarish results. In addition to avoiding a collision with large trucks, drivers must also be cautious and watch out for spilled cargo. Sometimes a truck may lose its cargo due to an accident. Other times, an improperly secured load may fall from the truck and create a hazardous condition for all drivers on the road. The likelihood of encountering loose cargo on the road may seem limited because millions of trucks travel on the roads each year. However, two-thirds of accidents occur as a result of improperly secured objects falling from the vehicles that are tasked with transporting the items. If you’re injured in this type of accident in Titusville or elsewhere in Brevard County, immediately contact a truck accident lawyer in Melbourne to find out what’s best for your unique injury case.

Liability in lost-load accidents

According to a study conducted by roadside assistance provider AAA, unsecured cargo accounted for more than 200,000 accidents over a four-year period. The accidents caused approximately 500 deaths and 39,000 personal injuries. Trucking companies and suppliers that enlist the services of the trucking companies to ship their cargo have a responsibility to ensure the loads commercial trucks carry are properly secured prior to going into transit. Truck drivers are also required to check the cargo they will be transporting and ensure it is adequately secured. In the event of a lost load accident, any of these parties may be liable. A truck accident attorney can help accident victims determine the party who is responsible for the damage caused by the accident and who, therefore, should be held liable in court to compensate the victim.

Types of unsecured cargo

From golf balls to candies, poultry, lumber, and hazardous chemicals like gasoline, traffic reporters in every city regularly announce road closures that occur as a result of seemingly bizarre cargo spills on major roads and highways. Virtually any type of cargo that is being transported can come unsecured and cause problems for commuters. Types of cargo that are most often involved in lose load accidents include:
  • construction materials
  • furniture
  • mechanical parts
Those who are not directly involved with the accident may be eager to know the type of cargo that was spilled on the road for the sake of curiosity and amusement purposes. However, for the drivers whose vehicles are impacted by spilled cargo, knowing the exact product that caused the rest resulting damage makes a tremendous difference when filing a claim for compensation.

Types of lost load accidents

An unsecured cargo, or “lost load” accident may involve falling cargo, or the vehicle itself may become a hazard as a result of the unsecured load. Unsecured cargo may cause an imbalance in the truck’s weight distribution that may lead to an accident with another vehicle. Spilled cargo may present a separate hazard for motorists. The following types of accidents may result from an improperly secured load:
  • unsecured cargo inside the truck that shifts around may cause a rollover accident
  • a sudden turn may cause an unsecured load to slam against the inside of the trailer and caused the trailer to hinge or even spin the entire vehicle
  • large cargo may fly out of the trailer and hit other vehicles; even small items may cause damage
  • cargo may fall out of the truck and created an obstacle for other drivers to navigate
  • cars may react to loose cargo by swerving or breaking suddenly and risking a collision with another vehicle

Causes of unsecured loads

An unsecured load may not necessarily be the driver’s fault. Workers who loaded the driver’s truck may not have balanced the cargo properly. The load may not have been adequately tied down. The restraints that are used to tie the load may have been deteriorating or defective. The load may have shifted in an unanticipated manner during travel. Regardless, if a loose load accident is caused by negligence on the trucker’s behalf or by other parties who completed the loading process, injured drivers may file an action in court to recover damages.

You’ll likely need money quickly

Truck accidents typically result in damaged property, injury, and a long road to recovery for the victim. Between receiving medical treatment, scheduling time off from work, and paying bills, making extra phone calls to a truck accident lawyer may be the last thing struggling victims and families want to do. However, making the call to a qualified Melbourne truck accident lawyer can actually help victims reduce their stress, anxiety, and task list. An experienced Florida truck accident lawyer will immediately get to work on the case and ensure the victim receives all necessary medical exams to help the victim document his or her injuries and support a claim for compensation in court. A qualified lawyer will also handle all negotiations with the commercial trucking company, insurance, and any other party that may be involved in the case from a liability standpoint. Melbourne and Titusville residents who are injured in a truck accident can rely on a competent, trustworthy attorney when they need support the most. Having the guidance and representation of a dedicated attorney means leaving the tough legal legwork to the lawyer and simply focusing on healing and recovery throughout the process of settlement negotiations and, if necessary, proceeding through the civil court process.
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Personal Injury FAQs

At Couture Law P.A. in Melbourne, you won’t pay a penny unless our personal injury lawyers prevail at trial, or procure a settlement on your behalf. This arrangement is commonly referred to as payment “on a contingency basis.” Suffice to say, we’ll help you fight for every dollar for your pain and suffering.

The period of time from the date of the accident until you no longer can file a claim is known as the “statute of limitations.” In Florida, the amount of time in which statutes expire varies by case type. The statute of limitations for most injury cases is four (4) years. For medical malpractice and wrongful death cases, it’s two (2) years. Always err on the side of caution by consulting with your Melbourne personal injury attorney.

Because no two cases are alike, Melbourne injury attorneys should gather and analyze all of the facts regarding your case before addressing this question. After tracking down and speaking with witnesses, we’ll give you a fair, honest assessment of your unique situation – and how we can help.

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