Improperly Loaded Cargo Can Cause Tractor-Trailer Accidents

There are countless factors that may come together to cause a tractor-trailer accident in Florida. While many are quick to place blame on the driver, the reality is that preparing a tractor-trailer to drive on public roads is a process, and negligence at any step can be enough to cause a serious crash. One of the often-overlooked factors is cargo loading – if a tractor-trailer is delivering cargo to a location, failure to load that cargo properly can cause an accident.

How Can Cargo Cause Accidents?

In most cases where a tractor-trailer has been involved in an accident, any legal action comes from the injured plaintiff seeking compensation from the driver and/or their employer (if the legal theory of vicarious liability applies). However, it is also possible to have a third party involved in these cases – such as an outside cargo loading company – whose negligence was the prime mover in causing the plaintiff’s injuries.

It can be confusing for the average person to understand how cargo can cause an accident, but when the cargo vehicle is as large as the average tractor-trailer, that much cargo weighs a significant amount. Its weight can cause rollover accidents, jackknife accidents (where the cab and the trailer wind up at right angles to each other), and, if the doors are not properly secured, spills which can injure other drivers.

Many Defendants Possible

If a plaintiff decides that the cargo loading company’s negligence was the direct cause of their injuries, they may try to file suit against them to seek compensation. A plaintiff may not simply allege negligence; rather, there must be specific acts alleged to have caused injury. For example, the Federal Motor Carrier Safety Administration (FMCSA) has specific rules for most things to do with commercial trucks, including cargo loading. Failure to observe those regulations is actionable.

It is important to keep in mind that Florida observes the comparative negligence rule, which means that the cargo company may not be the only viable defendant in your case. For example, other potential defendants may include the trucking company (who may have failed to verify proper cargo loading). As long as you are not ruled more than 50 percent at fault for your own injuries, you may recover damages in court.

Contact A Tampa Tractor-Trailer Accident Attorney

Tractor-trailer accidents can be serious or even life-changing, whether due to improperly loaded cargo or some other factor. If you have been injured in this type of crash, a Tampa truck accident attorney from the Rinaldo Law Group can help you seek the compensation you deserve. Call our office today to schedule a free consultation.