For over 30 years, I have prosecuted claims on behalf of those wrongfully killed and catastrophically injured resulting from unsecured or improperly secured cargo and in fact have been a victim of such an unfortunate truck accident myself.
It consistently amazes me how often I observe trucks and other vehicles improperly loaded with improperly secured or unsecured cargo traveling down the highways at high rates of speed. Over 50,000 reported truck accidents occur every year due to unsecured cargo consisting of tires, steel coils, lumbar, heavy auto parts, construction supplies, and machinery. Additionally, many times trucks can be hauling hazardous materials or flammable materials which are not properly secured and if an accident or malfunction occurs, horrific consequences are often the result.
Owners and operators of trucks are imputed with a duty to inspect and secure a load on every truck on the highway. Specific federal regulations define the securing of freight and proper loading of cargo. The situation with regard to unsecured cargo often is ignored by governmental authorities and is now reaching what some say are epidemic proportions. Many claim they are “freak” accidents.
As an experienced trucking accident and unsecured cargo and falling debris lawyer who has prosecuted some of the most tragic claims over the last 30 years, I can honestly state that these proclaimed “freak” accidents are generally not freak accidents and often cause the most devastating and damaging injuries. Often times an unsecured cargo case involves an improperly maintained truck, truck driver fatigue, negligence, or a product failure and requires competent and careful investigation for the successful prosecution of a claim to recover costs involved with long term medical treatment, rehabilitation, lost income, pain and suffering, and other financial losses.