When a truck’s load isn’t secured correctly, it can shift suddenly in transit. That can cause the truck driver to lose control of the vehicle, leading to a collision. It can also cause the load to fall off the truck entirely and slam into nearby vehicles.
If you’ve suffered injuries in a truck accident due to an unsecured load, you may have a right to financial compensation. But without the help of an experienced attorney, it may prove challenging to get the money you need.
The Terry Law Firm has a family tradition of serving injured people in East Tennessee since 1960. We pride ourselves on delivering small-town service with big-city know-how. We understand that every client and every case is unique. That’s why we take the time to get to know you personally, understand your goals, and advocate aggressively on your behalf.
We understand the effect a truck accident can have on your physical, emotional, and financial well-being. Let us help you during this challenging time.
Contact us today for a free consultation with an unsafe loads attorney in Morristown.
Truck Crashes Caused by Unsecured Loads
An unsecured load on a commercial truck can create extremely dangerous conditions for others on the road. The load itself can fall off the truck and collide with other vehicles. It can also come loose within the truck’s cargo area, leading to a sudden shift in the vehicle’s center of gravity that can make the driver lose control.
The trucking industry is highly regulated, particularly by the Federal Motor Carrier Safety Administration (FMCSA), which issues licensure requirements, hours of service maximums, and logbook standards. The FMCSA regulations also set strict rules for securing cargo in an effort to keep all motorists safe.
Under these rules, cargo on commercial trucks must be adequately secured to avoid shifting or falling off. Depending on the type of cargo, certain equipment must be used to secure cargo on the truck, including straps, chains, bars, and dunnage bags, which inflate to fill the spaces between items.
Many factors can contribute to an unsecured load accident, including:
- Failing to use proper equipment when loading and securing cargo
- Using damaged or broken equipment
- Overloading a truck with cargo
- Failing to inspect the cargo
Proving Liability in an Unsecured Truck Load Accident in Morristown
Proving liability is one of the key components of any personal injury case.
First, you must determine whose actions or inaction contributed to the accident and who is therefore at fault for its consequences. Truck accidents can involve multiple at-fault parties, including:
- The truck driver
- The trucking company
- The owner of the cargo
- The party responsible for loading the cargo
- Warehouse employees
- Manufacturers of truck cargo equipment
Once you’ve determined all of the at-fault parties, you must establish the responsible parties were negligent. Proving negligence requires demonstrating the following four elements are true:
- The party owed a duty, in this case, to prevent you from suffering harm.
- The party breached this duty, by failing to take appropriate steps to prevent an unsecured load from coming loose.
- The breach caused the accident and your subsequent injuries.
- You experienced losses, such as medical bills, lost wages from being unable to work, and pain and suffering.
Once you have established that the at-fault party’s negligence led to your losses, you can demand compensation from them.
Average Settlement Amount for Unsecured Load Truck Accidents
There is no “average” settlement amount for truck accident cases simply because there is no “average” truck accident. The amount of compensation you are entitled to will depend on the circumstances of the crash and the losses you suffered as a result.
You may be entitled to compensation for financial losses like:
- Medical expenses
- Rehabilitation costs
- Lost wages
- Loss of earning capacity
- Property damage
You may also be eligible to acquire compensation for losses that are difficult to assign a specific value to, including:
- Pain and suffering
- Mental and emotional distress
- Loss of enjoyment of life
Determining the value of your case can be difficult, particularly if your injuries are severe and their long-term consequences are still unclear. An experienced truck accident attorney can review the details of your case to determine the full extent of your losses and then negotiate with the relevant parties to seek full and fair compensation on your behalf.
How Can a Semi-Trailer Truck Accident Attorney in Morristown Help Me?
Truck accidents can be complicated because there may be many different parties who share responsibility, nesting insurance policies that provide overlapping layers of coverage, and large companies with powerful legal departments committed to protecting their employers’ finances.
A lawyer can handle the most critical parts of your claim by:
- Thoroughly investigating the accident
- Drafting and filing all required paperwork
- Helping you get the medical care you need
- Consulting with experts
- Assigning a value to your case
- Communicating with the insurance company
- Engaging in negotiations
- Taking your case to trial if necessary
Placing these difficult aspects of your case in the hands of an experienced attorney not only increases your chances of getting the full and fair compensation you need but also allows you to focus on your physical and emotional recovery. A truck accident attorney can give you valuable peace of mind during a troubling time.
Contact Our Experienced Morristown Unsecured Truck Load Lawyer Today
A truck crash can have lasting effects on your overall health and financial well-being, but you don’t have to face these challenges alone. The Terry Law Firm is ready to meet with you and discuss your case, address all of your questions and concerns, and work to pursue the compensation you deserve.
Contact us today for a free case review with an experienced unsecured loads lawyer in Morristown.
When you file a truck accident claim, you may be able to recover compensation for various expenses and losses you incurred due to the crash. Your case may provide you with financial recovery for your:
- Medical and rehabilitation expenses
- Lost income
- Lost future earning potential and job benefits
- Pain and suffering
- Lost enjoyment or quality of life
- Vehicle repairs or reimbursement of your car’s value
Yes, it’s crucial to call the police at the scene of a truck accident. The police can investigate the crash scene, gather information from the truck driver and other motorists and eyewitnesses, and prepare an accident report. Police crash reports often provide critical information for truck accident claims.
Other steps you should take at the crash scene include:
- Check on everyone involved in the accident to see if anyone requires immediate medical attention.
- Move your vehicle out of the path of traffic if possible, or walk to the side of the road if your car has been disabled.
- Get the truck driver’s employer and insurance information and insurance information from any other drivers involved in the crash.
- Take photos and videos of the accident scene, including vehicle damage, license plates, visible injuries you suffered, skid marks on the road, and traffic controls at the scene.
- Talk to eyewitnesses to obtain a brief statement of what they saw and their contact information.
In most cases, the insurer of the at-fault truck driver or the trucking company that employed the driver will pay you compensation for your truck accident claim if they are found liable. Other parties may also have liability for the accident, including:
- The truck’s owner
- The cargo company
- The truck and trailer manufacturer
- Manufacturers of parts used on the truck
- Third-party auto shops that serviced the truck
You should contact a truck accident attorney immediately after a truck accident. A lawyer will know what it takes to thoroughly investigate the accident and prepare a compelling, persuasive legal claim. A lawyer can also document your injuries and losses and estimate future expenses to ensure you seek total compensation. Your attorney can also deal with trucking company representatives, insurance adjusters, defense lawyers, or bill collectors on your behalf so you can focus on healing.
Although liability for the truck accident is determined under traditional state negligence laws, other laws – such as state and federal trucking industry regulations – may affect the outcome of your case. For example, a truck driver’s violation of the federal or state hours-of-service regulations may serve as evidence that they were too tired to drive safely. Speak with your attorney to learn more about the laws that apply in your case.
Here are some factors that make truck accident cases more complicated than other kinds of auto accident claims:
- Truck accident victims often suffer more severe injuries that require longer, more expensive medical care.
- Truck accidents can injure more people than other types of crashes.
- Truck accidents may have multiple liable parties who will fight with each other to shift financial responsibility among themselves.
- Truck accident claims may involve lots of complex evidence.
- Trucking companies may have complicated corporate structures or layered insurance policies that make it difficult to determine the extent of financial assets available to the company.