New Jersey is vital to the nation’s supply chain, with thousands of commercial trucks traveling through the state. Because commercial trucks leave their states of origin and cross state lines, they fall under the authority of federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA). These regulations promote safety on the roadways and protect other motorists who are vulnerable to severe injuries in accidents with large commercial trucks because of the vast size and weight differences. When a truck accident occurs in New Jersey due to a truck driver’s negligence or failure to adhere to FMCSA regulations, call the South Jersey unsecured load accident lawyers at Grungo Law so we can put our experience and resources behind your compensation claim.
What Are the FMCSA Regulations for Securing Loads in Trucks?
Commercial trucks carry an endless variety of goods of all shapes and sizes, including hazardous materials. When items in the back of a truck’s trailer aren’t properly secured, sudden weight shifts can cause a driver to lose control of the truck, resulting in an accident. The FMCSA regulations for securing loads are comprehensive and include the following measures meant to prevent shifting freight and unbalanced loads:
- All cargo must be securely immobilized using equipment of sufficient strength to maintain the immobilization, such as tie-downs, shoring bars, and dunnage bags
- Items that may role must be secured using proper equipment such as wedges, chocks, or a cradle
- When using transverse tie-downs, cargo must be placed close together in direct contact or otherwise prevented from shifting together
- The number of tie-downs used to secure loads must correlate with the size and weight of the items in the cargo according to FMCSA guidelines
There are additional rules for carrying logs, concrete pipes, paper rolls, metal coils, and automobiles, as well as for securing hazardous materials.
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What Types of South Jersey Truck Accidents Result From Unsecured Loads?
Unbalanced, improperly secured loads cause trailers to shift and sway, sometimes resulting in a dangerous loss of control. Unsecured loads cause devastating truck accidents such as the following:
- Jackknife accidents (the trailer slides forward and sideways, out of alignment with the truck, resulting in a crash with the truck and trailer shaped like a partly open jackknife)
- Rollovers
- Tip-overs during turns
- Sideswipes with other vehicles
- Rear-end collisions (unbalanced loads sliding forward can cause forward momentum in the truck and may increase stopping times)
When South Jersey truck accidents happen on fast-moving highways, they sometimes cause multi-car pileups, resulting in accident scenes with multiple injuries and fatalities. Speak to a truck accident lawyer in South Jersey for more information.
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What Types of Injuries Happen In South Jersey Unsecured Load Accidents?
The scene of a truck accident is traumatic and chaotic, especially when there are multiple injury victims. Common injuries in South Jersey truck accidents include the following:
- Back injuries
- Neck injuries
- Single and multiple fractures
- Traumatic brain injuries
- Internal organ damage
- Spinal cord damage
- Burns
- Soft-tissue injuries to knees, shoulders, ankles, and wrists
- Facial trauma
- Toxic exposures (in accidents with trucks carrying hazardous materials)
If a close family member suffers fatal injuries in a truck accident, loved ones can recover compensation through a South Jersey wrongful death claim against the liable party.
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Who Is Liable for Damages in an Unsecured Load Accident?
Truck accident claims are complex and require thorough investigations to determine the correct liable party and document ample evidence of their liability. Proving liability requires showing that the at-fault party owed a duty of care to take all reasonable measures to prevent causing injury to others on the road, including a truck driver’s duty to follow regulations. They breached their duty through negligence. Their negligence directly caused an accident with injuries, and the injury victim suffered economic and non-economic damages. The evidence of liability must be presented to the insurance policy of the correct liable party. In truck accident claims, the liable party could be any of the following or a combination of these parties:
- The driver, if they operate independently
- The trucking company
- A truck maintenance company
- The manufacturer of a defective part or equipment
- A negligent freight loading company for leaving an unsecured or unbalanced load
An experienced truck accident lawyer carefully investigates the accident, documents evidence of the cause of the accident and the liable party or parties, and makes a compelling claim for damages from the insurance company of the at-fault parties who contributed to the accident to recover the maximum in damages.
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What Damages Are Available in South Jersey Truck Accident Claims?
Truck accidents cause a wide range of injuries. For some injury victims, the accident results in painful but recoverable injuries with a large emergency room bill and a week or two of missed pay. Others suffer catastrophic injuries with life-altering implications such as scarring, the loss of a bodily function, or a permanent disability that makes it difficult to earn a living or perform daily routines. For any level of economic and non-economic damages, injury victims deserve compensation when they were not responsible for the injuries. A successful truck accident claim after an accident caused by an unsecured load recovers compensation for damages such as the following:
- Property damage to a vehicle
- Past and future medical expenses related to injury care
- Past and future income loss
- Diminished future earning capacity due to disability
- Pain and suffering
- Any other non-economic losses that apply in individual cases, such as diminished quality of life, traumatic limb loss, the loss of one of the senses, or disfigurement
An experienced attorney reviews your medical records and takes the time to get to know you and your family so they can carefully calculate your damages and ensure that you miss no avenue for recovering compensation.
Call The Truck Accident Lawyers In South Jersey After an Unsecured load Truck Accident
Trucking companies are notorious for disputing claims and pointing fingers at other parties. Their insurance companies often offer fast settlements for far less than the claim’s true value. Lowball settlements require injury victims to sign away their right to file a lawsuit. Instead of accepting a low settlement offer, it’s beneficial to hire an experienced attorney and then direct all communication with the insurance company or trucking company to your attorney.
Contact the South Jersey accident lawyers for a free consultation so we can begin strategizing the optimal way to move forward on your claim.
Call or text (856) 528-4494 or complete a Free Case Evaluation form