Liability for Cargo Truck Accident InjuriesIf you have been injured as a result of flying freight or cargo from a truck, or any vehicle, you can recover for your injuries. Federal Law requires that “all loads be secured against dangerous displacement” Section 142.3 Labor Code. Essentially what this means is that the operator of the truck must take measures to ensure that load he is carrying is properly secured. The operator of the vehicle must take all reasonable measures to ensure that the load is fastened and will not displace during transit. Failure to meet such criteria can hold them liable for injuries caused. Additionally Federal Rules require that any bungee cord, tie down strap or other equipment used to fasten the load, must meet certain performance requirements. In other words, if the driver of the tractor truck, commercial vehicle or any automobile decides to transport cargo, they must make sure that it can be fastened properly. And any device used to secure the load, must meet certain integrity requirements to ensure it can safely hold in place the load.
Defective Tie Down Straps and Fasteners leading cause of Freeway Cargo AccidentsOften time’s drivers will take measures to tie down the freight or cargo. However, regardless of their efforts displacement or movement occurs. In such instances it is possible that the equipment or device used to secure the load was defective. Bungee cords, fasteners, anchors, tie down straps and other securing devices can fail. When such equipment fails to work properly, then a product liability cause of action is likely. In such cases the manufacturer and any retailer in the chain of supply will be liable for the injuries. In order to assess whether such products were defective our firm will employee experts to identify whether the product was defective. A battery of test will be conducted to verify whether or not the products were in fact defective. It is important to deal with a firm who has the resources and knowledge to help you. If you feel that your injuries were cause by a defective bungee cord, tie down strap or fastener contact our freight displacement attorneys for a free consultation.
Commonly Displaced Cargo on Highway 18-wheeler trucksA list of common products or materials that are known to come loose while on the highway and subsequently cause injuries include:
- Automobiles during interstate transit. Transport companies who are involved in the transport of automobiles can fail to properly secure the vehicle. In such cases the vehicle can fly off of the tractor or semi truck causing serious damage;
- Intermodal containers;
- Paper rolls;
- Metal coils;
- Concrete pipes and cylinders;
- Heavy light vehicles and light trucks;
- Lumbar and logs carried by semi truck or tractors;
- Large boulders;