Contact Us for a Free Consultation 720-772-8513

Unsecure Cargo Truck Wrecks

How Can Unsecure Cargo Cause a Truck Wreck?

Collisions can be caused by unsecure cargo in two main ways.  Unsecure cargo can affect the truck's stability or maneuverability causing the driver to lose control. Cargo must be contained, immobilized or secured to prevent shifting to such an extent that the commercial motor vehicle's stability or maneuverability is adversely affected. See F.M.C.S.R § 393.100 (c). Secondly, unsecure cargo can fall off a truck onto the roadway or directly onto a vehicle. Commercial motor vehicles must be loaded and equipped to prevent cargo from leaking, spilling, blowing, or falling from the motor vehicle. See F.M.C.S.R. §393.100(b). Cargo must be firmly immobilized or secured on or within a vehicle by structures of adequate strength, dunnage or dunnage bags, shoring bars, tie downs or a combination of these. See F.M.C.S.R. §393.106(b).

Truck drivers are required to follow specific rules for securing cargo to ensure that it remains safe and stable during transport. Here are the main rules for truck drivers on securing cargo:

  1. Use appropriate equipment: Truck drivers should use appropriate equipment such as tie-downs, straps, chains, and binders to secure cargo. The equipment should be in good condition and of the appropriate strength and size for the type and weight of the cargo.
  2. Properly distribute weight: The weight of the cargo should be properly distributed and balanced within the trailer or truck to ensure that the vehicle remains stable and safe to operate.
  3. Use proper tie-down points: The cargo should be secured to the vehicle using proper tie-down points that are securely attached to the frame of the vehicle.
  4. Use proper tension: The tie-downs, straps, chains, and binders should be tightened to the proper tension to prevent the cargo from shifting or falling during transport.
  5. Inspect the cargo and securing equipment: Before transport, the truck driver should inspect the cargo and securing equipment to ensure that everything is in good condition and properly secured.
  6. Secure doors and covers: The truck driver should secure any doors or covers on the vehicle to prevent cargo from falling out during transport.
  7. Adhere to weight limits: The cargo weight should be within the legal limits for the type of vehicle and the road being traveled.

By following these rules, truck drivers can help ensure that their cargo remains safe and secure during transport and reduce the risk of accidents or injuries caused by shifting or falling cargo. Truck drivers who violate these rules may be subject to fines, penalties, or other legal consequences.

The specific rules for proper and safe load securement of materials can be found in the following sections of the F.M.C.S.R.:

  • 393.116-Rules for securing logs;
  • 393.118- Rules for securing dressed lumbar or similar building products;
  • 393.120- Rules for securing metal coils;
  • 393.122- Rules for securing paper rolls;
  • 393.124- Rules for securing concrete pipe;
  • 393.126- Rules for securing intermodal containers;
  • 393.128- Rules for securing automobiles, light trucks and vans;
  • 393.130- Rules for securing heavy vehicles, equipment and machinery;
  • 393.132- Rules for securing flattened or crushed vehicles;
  • 393.134- Rules for securing roll-on/roll-off or hook lift containers; and
  • 393.136- Rules for securing large boulders.

Multiple parties can be responsible for an unsecure cargo load. The Cargo Manufacturer is responsible for properly bundling and/or packaging its product for transportation. The Shipper is responsible for properly and safely loading the cargo on the trailer. The Motor Carrier is responsible for providing its drivers with proper securing devices and training drivers on how and when to use them.  The Securement Device Manufacturer is responsible for properly manufactured to withstand forces for the load whether failed due to defect The Driver is responsible for properly securing the cargo and inspecting it along with way to its destination. The Receiver is responsible for properly unloading and/or assisting in the unloading of the cargo.  

Why Hire a Truck Accident Attorney in Colorado?

Simply put, hiring an experienced truck accident attorney after your accident gives you the best possible chance of ending up with a good outcome in a very bad situation. Numerous parties may be liable for your injuries, and an experienced attorney from Hagen Nares PLLC will be able to identify those parties and determine how best to pursue compensation. The introduction of these other parties, as well as the complicated web of statutes and regulations, means that pursuing a claim requires a special level of expertise.


Contact a Truck Accident Attorney in Colorado Today

At Hagen Nares PLLC, we have successfully represented clients who were involved in a trucking accident. We understand the laws established by the State of Colorado as well as federal law and will make sure that each party who is liable is held accountable. You don't have to face this alone–call 720-772-8513 today to schedule Free Consultation.

Licensed in Colorado, Michigan, Texas, and New York

Serving those located throughout Colorado

We Co-Counsel Trucking and Brain Injury cases nationally

Contact Us Today