Nashville Unsecured Cargo Accident Attorney
Unsecured loads on the back of commercial vehicles pose significant risks to drivers and passengers on the roadway. Drivers who operate these commercial vehicles, as well as the companies who own them, have responsibilities when it comes to ensuring a safe operation on Tennessee roadways. Securing loads properly is most certainly one of their top responsibilities. If you have any questions after an incident, please reach out to a Nashville truck accident lawyer as quickly as you can for assistance.
Common Causes of Unsecured Cargo Accidents in Nashville
Unsecured load accidents occur when cargo is not properly fastened or restrained on a commercial vehicle. This can lead to the cargo shifting, falling off the truck, or even causing the vehicle to lose control. There are several common causes of unsecured load accidents, including:
- Improperly secured cargo. Truck drivers and loading personnel are responsible for ensuring that all cargo is adequately secured on the vehicle before the truck leaves its location. When they fail to use the appropriate securing devices, such as straps, chains, or locks, cargo can shift or fall off during transport.
- Overloaded trucks. Trucks that carry more weight than they are designed for are at greater risk of unsecured load accidents. Overloading can strain the securing equipment, making it more likely to fail during transit.
- Failure to follow safety regulations. Federal and state regulations dictate how cargo should be secured on commercial trucks. When trucking companies or drivers ignore these regulations, the risk of accidents increases significantly.
- Inadequate training. Truck drivers and loading personnel must understand how to load and secure cargo safely. Inadequate training can result in human error, leading to unsecured loads and potential accidents.
- Poor road conditions. Uneven or poorly maintained roads can cause trucks to bounce or sway, potentially dislodging improperly secured cargo. Drivers must be aware of the road conditions and take extra precautions to avoid cargo shifting.
How Can a Truck Accident Lawyer Help?
Handling the aftermath of an unsecured load accident can be incredibly overwhelming, especially for those without much legal experience. That’s okay. A Nashville personal injury lawyer who has handled these types of claims can help in various way, including:
- Conducting a thorough investigation. A lawyer will gather crucial evidence from the accident scene, including any photographs taken, eyewitness statements, and law enforcement reports, to determine what caused the unsecured load to shift or fall.
- Identifying all liable parties. Multiple parties may be held liable in an unsecured load accident, including the truck driver, trucking company, loading personnel, or even the manufacturer of the securing equipment. A skilled attorney can identify all responsible parties and pursue compensation from each.
- Securing expert testimony. A lawyer can contact and work with accident reconstruction experts, cargo securing experts, and medical professionals to strengthen your case and prove how the unsecured load contributed to the accident and your injuries.
- Handling negotiations with insurance claims adjusters. Insurance carriers work hard to limit how much they pay or deny claims altogether. An experienced attorney will negotiate for you to give the best chance of receiving compensation.
- Filing a lawsuit if necessary. If a fair settlement with the insurance carrier or other party cannot be reached through ongoing negotiations, your attorney will be prepared to take your case to court.
Who is Liable for a Nashville Unsecured Load Accident?
Determining liability in an unsecured load accident can be complicated, as multiple parties may share responsibility. Potentially liable parties in these accidents include:
- The truck driver. Drivers are responsible for ensuring all cargo is adequately tied down and secured before hitting the road. If they fail to inspect the load or ignore signs of shifting cargo during the trip, they may be held liable for any resulting accidents.
- The trucking company. Trucking companies (or any third party that manages truck operations) are responsible for training their drivers and ensuring compliance with federal and state regulations regarding cargo securing. If the company fails to provide adequate training or allows unsafe practices, they can be held liable for accidents.
- The cargo loaders. In some cases, third-party loading companies or personnel are responsible for securing the cargo. If they fail to follow proper procedures, they may be held liable for accidents caused by unsecured loads.
- The owner of the cargo. The company or entity that owns the cargo being transported may also share liability if they were involved in loading the truck or if their cargo posed a specific hazard that was not properly addressed.
- Equipment manufacturers. If the securing equipment (such as straps or locks) fails due to a manufacturing defect, the equipment manufacturer could be held liable for any accidents that result from the failure.
Proving liability often requires a detailed investigation and expert testimony. An experienced attorney can help identify the parties responsible for the accident and hold them accountable.
What Compensation is Available After an Unsecured Load Accident?
If you are involved in an unsecured load accident in Tennessee, you could be eligible for compensation. This can help cover various damages after a trucking accident. These may include:
- Medical expenses. You can seek reimbursement for the cost of your immediate medical treatment, surgeries, hospital stays, rehabilitation, all potential long-term medical treatments.
- Lost wages. If your injuries prevent you from working, you might be compensated for the income you lost during your recovery period. Additionally, if your injuries reduce your future earning capacity, you could also receive compensation for that.
- Pain and suffering. This refers to the compensation you may receive for the physical pain and emotional distress caused by the accident. This could cover long-term effects such as chronic pain or disability.
- Property damage. If your vehicle or any personal belongings were damaged in the accident, you could be entitled to recover repair or replacement costs.
- Loss of consortium. If the accident affects your relationship with a spouse or family member, you may be able to recover compensation for the loss of companionship or emotional support.
- Punitive damages. In cases where the responsible party acted with extreme negligence or recklessness, punitive damages might be awarded. These are meant to punish the wrongdoer and discourage similar behavior in the future.
How Soon Should You File a Claim?
In Tennessee, the statute of limitations for filing a Nashville personal injury claim is generally one year from the date of the accident. This means that you have a limited amount of time to take legal action after an unsecured load accident. Failing to file within this timeframe can result in the loss of your right to pursue compensation.
Contact a Tennessee Unsecured Cargo Accident Attorney Today
If you or a loved one has been injured in an accident involving an unsecured truckload, the legal team at Larry R. Williams, PLLC, is here to help. Our experienced Nashville accident attorneys are dedicated to securing the compensation you deserve. We understand the complexities involved in truck accident cases and will guide you through every step of the legal process. Contact us today to schedule a consultation with a Tennessee truck accident attorney.