Accidents involving cars and large trucks include issues with excessive cargo weights, or cargo shifting during transport. Dangers to regular sized passenger vehicles are increased when heavy equipment, or large loads, such as logs, slide from the bed of a carrier onto a car.  These shifts can be caused by driver error, loading error, or maintenance errors in many accident scenarios, increasing the number of responsible parties that can be sued.  In other less obvious scenarios, insurance carriers for trucking companies may express that the accident itself was the cause for the shift, or cargo spill.

Independent accident investigations.

It may be wise to hire legal counsel in Milton Georgia to schedule an independent accident investigation when cargo shift is a causal factor in a motor vehicle accident. A knowledgeable truck accident specialist can analyze the crash situation, secure and review trucker’s cargo inspection records and bills of lading, along with other records that might suggest load shifting, or cargo securing problems on a big rig.

Hazards of truck cargo.

Cargo is an important safety consideration for trucking companies, and is often dependent solely on the people who load and/or drive these large trucks, that already have limited maneuverability in certain traffic patterns.  If an accident is caused by poorly or overloaded cargo, under vicarious liability, other parties besides the driver may be held responsible for personal injury and damages related to an accident. Inadequately secured cargo may shift during the course of travel causing a truck to jackknife, rollover, or become difficult to steer, or stop in a sufficient amount of time to avoid impact with other vehicles and cargo loads landing upon them.

Insurance.

Georgia is a Comparative Fault State which enables accident victims to seek damages up to 50% if they were partially responsible, but they will not receive any damages if they are 50% or more responsible for an accident.  Legal action must support a claim of negligence when the victim was owed a duty of care, there was a breach in that duty, and the breach caused the injuries or loss.

Damages and timeline.

Accident damages may include economic and non-economic losses, and punitive damages meant to punish the responsible party.  In Georgia, accident victims have two years from the date of an accident to file a legal claim against negligent individual(s). It is best to contact an experienced personal injury attorney at the Imbriale Injury Law Office who can navigate the path toward comprehensive insurance settlements and court awards that address all damages.

Imbriale Injury Law
13 West Park Square, Suite C1
Marietta, GA 30060
Call Now (678) 445-7423
Fax Number: 678 445 7431

Sources:

https://www.fmcsa.dot.gov/regulations/title49/section/387.1

https://www.bts.gov/content/transportation-accidents-mode

https://www.truckinfo.net/trucking/stats.htm

https://dps.georgia.gov/commercial-motor-vehicle-traffic-codes-safety-rules

http://ga.elaws.us/law/9