Have you ever been in a semi-truck load accident? You might be hearing this for the first time, but you have options. At Schreier Law Group we will establish the party at fault in the incident and liable for your injuries and in the process, help you file a personal damage claim for compensation.
Semi-Truck Load Accident
To recognize the party at fault in a semi-truck load accident, we must first determine what led to the accident. The series of events or circumstances leading to a semi-truck load accident will affect who will be held liable for any damage resulting from the incident such as loss of property, damage to property, and serious injuries.
How Fault is Determined in a Semi-Truck Load Accident
More times than often, we assume that the person driving the semi-truck is at fault, but it is not so in all cases. In some cases, the party responsible for a semi-truck load accident is who loaded the semi-truck and not the driver.
However, it doesn’t dispute the fact that the semi-truck driver may not be at fault for the accident. Similarly to other road accidents involving cars and trucks, a semi-truck load accident can also be due to drivers’ error or fatigue, distraction, driving under the influence of substances, and other mistakes.
To this end, the investigators of a semi-truck load accident must carefully consider all factors and events that might have led to the accident. Especially when the content of the semi-truck is hazardous and can result in severe injuries for the victims.
Firstly, law enforcement officers will draft a report based on the scene, eyewitnesses report, and other helpful detail they can gather from the scene. This report will be useful in the semi-truck accident case, however, it cannot be sufficient in determining the party at fault.
The next step involves insurance adjusters. Here they perform a separate and deep investigation of the accident to determine the party at fault n order to file personal damages claim and insurance claim. If the cases elaborate and reach court, the judge and jury, or either, will consider all pieces of evidence and decide the causes of the accident and the liable party for damages suffered.
Why is The Trucking Company Usually Held Responsible for a Semi-Truck Load Accident?
The trucking company is usually held responsible for a semi-truck load accident. The reason is quite fair. The trucking company loads the semi-truck, and the common cause of a semi-truck load accident is shifting in the cargo en route. Though other factors, such as reckless driving and speeding, may implicate the driver, sometimes, he can do nothing to stop the accident.
It is noteworthy that the trucking company may not necessarily be the one that loaded the semi-truck. In other words, the party that loaded the semi-truck may not be the owner of the semi-truck. In some cases, there may be a third party that loaded cargo. In such cases, the trucking company and the third party may be responsible for the crash. More so, the cargo on the semi-truck is the responsibility of the trucking company transporting it.
Suppose another vehicle runs into a rig, resulting in the semi-truck swerving. In this case, the semi-truck load accident may not be the fault of the trucking company or the driver.
Semi-Truck Load Accidents in Florida
Florida has witnessed many semi-truck load accidents. Given that the state has several large highways like I-95 and I-75 and due to the rate of travel and tourism, Florida interstates experience a lot of traffic throughout the year – some of which results from trucks hauling cargo across the state. In the past few years, many of the accidents have been the driver’s fault due to distraction, carelessness, and other errors.
Causes of Semi-Truck Load Accident
Many factors and events could lead to a semi-truck load accident, from distraction to overloading or other road users’ fault. Here are some of the most common causes of a semi-truck load accident.
Truck Rollover Accidents
A semi-truck may roll over if there is a pileup on the road and collide with motorists.
Loss of Control
Slippery road conditions, unlatched hood, unexpected weather conditions, distraction, and many more could lead to loss of control.
Jack-knifing happens when the truck folds on its cab. This may result in spillage of the cargo.
Improperly Securing the Cargo
Failure to properly secure the cargo may lead to spillage or worse. The Federal Motor Carrier Safety Administration (FMCSA) provides guidelines for loading and securing.
If the driver over speeds, switches lanes quickly, tailgates, and other erratic driving may cause the load to shift, resulting in a crash.
Unexpected Braking from other Vehicles
When another vehicle in the lane of a semi-truck stops unexpectedly or too quickly, it may result in a crash. This is because it takes a while for trucks to stop, and the driver may swerve to avoid hitting other vehicles. Here is another cause of the rollover accident.
Improperly loading the Truck
It is also critical to properly load the truck. Improper loading is a prevalent cause of semi-truck load accidents.
Though rare, in certain conditions, objects on the road may lead to semi-truck load accidents.
Where are Semi-Truck Load Accidents Popular?
This primarily depends on where the semi-truck is traveling at the moment. These trucks tend to travel on highways and freeways. To this end, semi-truck load accident is prevalent on these roads. If you happened to be on the street or freeway when a semi-truck load accident occurred and are a victim in the accident, connect with us at Schreier Law Group for a truck accident lawyer.
What Affects Fault in Semi-Truck Load Accidents?
Factors like how the accident occurred, the loading party, who is responsible for the cargo, and whether the accident occurred due to a shift in the cargo could affect fault.
If the driver is a full-time employee of a trucking company, he may not be at fault for the load accident. However, if he is a contract driver for a trucking company, the driver and the trucking company may be liable for the spillage.
Regardless of the situation, if it is clear that it is the driver’s fault due to carelessness, distraction, overspeeding, and driving errors, he may be held responsible.
Another factor that affects fault is negligence. Negligence, in the case of the driver, means he owed an obligation of care to other road users and breached it by reckless driving. In the case of the trucking company, it could be improper loading and securing.
If you were a victim of a semi-truck load accident involving the negligence of the driver or trucking company, it is in your best interest to secure a reliable truck accident lawyer.
Injuries Resulting from Semi Truck Load Accident
A semi-truck load accident could lead to a series of injuries, some more severe than others.
Below is a list of injuries that could occur from a semi-truck load accident.
- Broken bones
- Cuts and lacerations
- Internal bleeding
- Brain injuries
- Soft tissue damage
- Spinal cord injuries, which may lead to paralysis
- Back and neck injuries
Legal Options for Semi Truck Load Accident
Accidents involving trucks could be very devastating, with serious injuries. If you or your loved one were a victim in a semi-truck load accident, you could file a personal damage claim for compensation. However, to achieve this, you need a competent truck accident attorney – you can find the best of them at Schreier Law Group.
Personal damages claim helps victims of avoidable and preventable accidents seek compensation for pain and suffering resulting from the accident. It may also cover medical costs, lost wages, and many others.
Are you ready to file a claim? Contact us at Schreier Law Group for the best truck accident lawyer in Florida, and rest assured of your compensation.