Unsecured Truck Load Accidents in MA
Legal help when you are injured in a Boston truck accident
Trucks and tractor-trailers transporting unsecured heavy loads are a serious hazard on the roads in Massachusetts. Commercial trucks towing unstable construction equipment and supplies, tires, mobile homes and automobiles are often in the news for causing accidents.
These accidents can happen at any time of the year. When equipment such as Bobcats, backhoes, tires and front-end loaders break loose from a trailer bed, they can hit other vehicles or roll over into the roadway with force. Many of these car accidents happen on the highway, where vehicles are traveling at high speeds. Any time an object breaks free from a moving vehicle, there is a likelihood of injury.
How can we help?
How dangerous are unsecured truckloads?
Accidents involving unsecured loads may occur when truck drivers are poorly trained, speed, fail to properly tie down equipment or do not stop regularly to check their loads. Motor vehicle accidents may also result when trucks and tractor-trailers are not properly maintained. Other times, roads are not properly maintained, and roadway defects contribute to an accident.
The National Highway Traffic Safety Administration (NHTSA) reports that “Unsecured loads not only endanger you, but also other drivers and pedestrians. Each year, about 730 people are killed, and 17,000 more are injured because of objects in the road.”
What are the FMCSA regulations for securing cargo?
The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations for securing cargo on trucks to help ensure safety on the road and prevent accidents caused by loose or falling items. Here are some of the most important aspects of their cargo securement rules:
- Cargo must be firmly secured on or within the truck to prevent it from shifting, falling, spilling, or blowing off. Securement devices called tie-downs must be properly applied and checked regularly to make sure the cargo remains stable throughout transport.
- The FMCSA notes that tie-downs, chains, straps, and other securement tools must meet minimum strength standards based on the weight of the cargo. These devices should be inspected for wear or damage before each trip.
- Items that might slide, tip or fall must be secured with enough restraint to keep them from moving during a trip. Cargo loaders can use blocking, bracing, or other similar methods to prevent cargo from shifting within the vehicle.
- Certain types of cargo, like logs, pipes, large machinery, and building materials, have additional securement rules. For example, logs and lumber require blocking or friction mats to prevent movement. Heavy machinery needs strong chains and multiple tie-down points to ensure stability. Concrete pipes or cylinders must be secured with special devices like wedges, chocks, or cradles to prevent rolling.
- When necessary, regulations require that header boards, bulkheads, or sideboards be used to provide additional securement for loads that could potentially move forward, backward, or sideways.
Following these FMCSA cargo securement regulations helps reduce accidents caused by shifting or unsecured loads, protecting both the truck driver and other road users.
Who can be held liable in an unsecured truckload accident?
Massachusetts utility companies, construction contractors, and other businesses have a responsibility to make sure their drivers are operating trucks and tractor-trailers safely. When they fail to do so, a variety of parties can be held liable. Here’s a breakdown of who might be liable:
- Truck driver. If the truck driver was responsible for loading or securing the cargo and failed to do it properly, they might be held liable for your accident. Drivers are required to inspect their loads, so even if someone else loaded it, they must check that it’s secured before starting their route.
- Trucking company. The trucking company can be liable if they pressured the driver to skip safety checks, ignored cargo securement regulations, or failed to train their drivers on proper loading and securing procedures. The company is also responsible for providing adequate equipment for securing loads, like tie-downs and straps.
- Cargo loaders. In some cases, the company that loaded the cargo — often separate from the trucking company — is responsible. If a third-party loading company improperly secured the cargo or failed to follow safety guidelines, they could be held liable for accidents caused by an unsecured load.
- Manufacturers of securing equipment. If tie-downs, straps, or other securing devices fail due to a defect, the equipment manufacturer may be liable. This is called "product liability," and it applies if the equipment was faulty and didn’t perform as intended, even when used correctly.
- Maintenance providers. If a truck’s securing systems were not properly maintained, and this contributed to the accident, the maintenance company responsible could also be held liable.
Determining liability in these cases often requires a thorough investigation. Our truck accident lawyers examine who was involved in loading, securing, and inspecting the cargo. In some cases, multiple parties may share liability. We can explain this in more detail when we take your case.
How does vicarious liability apply if a load is not secured properly?
Vicarious liability is a legal concept that allows injured individuals to hold an employer responsible for the actions of its employees if those actions occur within the scope of their employment. In the case of an improperly secured load on a truck, vicarious liability may apply if the truck driver or cargo loader, while working for a trucking company, failed to secure the load properly, leading to an accident.
Essentially, if a truck driver or cargo loader was on the job and performing duties for their employer when they improperly secured a load, the trucking company could be held liable for any accidents resulting from this negligence. Even though the driver or loader physically secured the load, the company bears responsibility for their actions while they’re working.
Vicarious liability only applies if the employee’s actions were part of their job duties. If a truck driver was loading or securing cargo as part of their role, the trucking company could be liable for any errors or oversights, even if they didn’t directly instruct the driver to secure the load improperly.
In a nutshell, vicarious liability means that even if the trucking company didn’t directly cause the problem (like failing to train or supervise), it could still be held liable simply because the driver or loader was acting on the company’s behalf.
This concept of vicarious liability is important because it allows injury victims to hold companies, which often have greater resources, accountable for accidents resulting from the actions of their employees. If you’re a victim of an unsecured load accident, this liability provides a way to seek compensation from the company, not just the individual responsible.
Do you have a Boston truck accident attorney near me?
Breakstone, White & Gluck is dedicated to providing comprehensive counsel to clients throughout the region. We serve clients out of our offices at 2 Center Plaza #530 in Boston. If you are too injured to come to us, we can make alternative arrangements.
Contact our Boston truck accident attorneys today
If you have been injured in a car accident, it is critical that you speak to an experienced Boston car accident lawyer to learn your rights. You may be entitled to recover damages such as lost wages, past and future medical expenses and pain and suffering. In wrongful death cases, you may also be awarded punitive damages.
Massachusetts has a statute of limitations governing how long you can file a personal injury claim, so it is critical to contact a Massachusetts car accident lawyer immediately. For a free legal consultation, call our offices or use our contact form.
Our Results for Clients
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