Semis, tractor-trailers, rigs, tankers, and many other types of commercial trucks are constantly moving cargo along the I-55/I-69 freeway and other Southaven highways. Trucking companies and drivers need to ensure that the cargo in the truck is properly secured so that the goods and inventory don’t shift while the truck is in motion, and so the cargo doesn’t spill out onto the highway. Shifting cargo can cause a truck driver to lose control of the truck. Spilled cargo can cause multiple accidents.
The dangers of shifting cargo and cargo that spills are so well-known that there are laws that regulate how cargo should be loaded, how heavy trucks can be, and many other safety features. There are also trucking industry standards that should be followed to ensure the safety of the truck driver, other drivers and passengers on the road, and the cargo itself.
Why is moving or shifting cargo dangerous?
Cargo of all types (machinery, tools, and consumer goods) shouldn’t move while a truck is in motion. Shifting cargo can cause the truck driver to lose control because the driver needs to focus on steering or braking to respond to the cargo movement instead of focusing on traffic and any possible emergencies.
When cargo moves, the truck driver can lose control, causing a jackknife, a wide-turn accident, a rear-end accident, and many other types of truck accidents. If the driver needs to slam on his/her brakes, the occupants of a small car behind the truck may slide under the truck. Shifting cargo can also change the center of gravity of the truck, making a truck rollover accident more likely. Trucks that are overloaded are especially dangerous because their weight moves the truck’s center of gravity and makes it much harder for the truck driver to stop the truck in a short time and a short distance.
There are different rules and best practices for securing cargo, depending on the materials involved. Liquid cargo is different than solid cargo, which is different than trucks that move gas and other hazardous materials. According to TCS Fuel, cargo needs to be secured to prevent movement from forces from behind, in front of, to the sides of, and underneath the cargo.
Common cargo security tools include dunnage (materials like pieces of wood or matting used to support the cargo, dunnage bags (used to fill spaces), tie-downs (cords, straps, ropes, and chains), and chocks and wedges, which prevent the cargo from rolling. There are special rules for certain types of cargo such as automobiles, intermodal containers, concrete pipe, logs, boulders, and other items.
When trucks collide with cars, motorcycles, pedestrians, and bicycle riders because shifting cargo causes the driver to lose control, serious injuries and fatalities can occur.
Why is spilled cargo so dangerous?
Cargo spills are more likely to occur when the cargo is loaded into flatbed trucks or any type of open truck. Still, if a collision occurs with enough force, even cargo with metal surroundings can puncture, tear apart, or escape. The spill itself can cause the driver to lose control. The spill is likely to cause a nightmare as any cars or other trucks near the spill seek to avoid the truck, the spill, and other cars that are also trying to avoid the spill.
When cargo spills:
- The driver of the truck may lose control of the truck
- The truck may jackknife
- The cargo can spill onto any vehicle or any person nearby
- Drivers near the spill may collide with each other, the cargo, or the truck
Truck spills can create havoc, causing multiple accidents and tying up traffic for hours as the police try to help anyone who is injured and clear the truck, the spilled cargo, and other damaged vehicles from the road.
Trucks can also ignite or cause other dangers if they roll over or if HAZMAT materials spill, as HAZMAT materials are often flammable and contain dangerous chemicals.
Why does cargo shift, fall, or spill?
Some of the methods used to secure cargo from shifting also help prevent the cargo from spilling while the truck is in motion. After a truck accident, even properly secured cargo can spill if the impact is forceful enough.
Cargo should be properly balanced. The truck cargo needs to be protected from spills from all types of truck accidents – especially rollovers and jackknife accidents. Trucking companies need to anticipate that the cargo may shift or spill if the driver operates the truck in a storm or high winds.
What laws regulate securing truck cargo?
Several federal agencies regulate the proper loading of trucks including:
- The Federal Motor Carrier Safety Administration (FMCSA)
- The Occupational Health and Safety Administration (OSHA)
Mississippi also has truck safety laws that apply to truck spills and truck cargo. For example, Mississippi regulates the axle load and gross vehicle weight limits of commercial trucks. Each industry also has guidelines for how their cargo should be secured so the cargo doesn’t spill.
Who is responsible for truck accidents due to shifting or spilled cargo?
At Taylor Jones Taylor, our Southaven truck accident lawyers have the experience and resources to show that shifting or spilled cargo accidents were preventable, what steps those responsible should have taken, and why the shift or spilled caused your injuries or the death of a loved one. We file claims against all responsible defendants, which may include:
- The driver of the truck
- The trucking companies involved in the shipment
- Any companies that were responsible for loading the truck
- Other drivers on the highway that may have caused the truck accident
- A manufacturer of defective truck parts, such as truck brakes and defective load security parts such as defective tie-downs
- The Mississippi Department of Transportation, if a poorly designed or maintained road caused the truck accident and the transportation department was responsible for the design or maintenance.
At Taylor Jones Taylor, our Southaven truck accident lawyers have an impressive record of settling and litigating personal injury cases including truck accident claims. We demand compensation for all your financial and personal damages including your medical bills, lost income, pain and suffering, and property damage. Our truck accident lawyers represent victims and families throughout Southaven, Olive Branch, and Hernando. To schedule a free consultation, call us today or complete our contact form to schedule an appointment.
Benjamin L. Taylor is a lifelong resident of DeSoto County and has distinguished himself in the area of products liability and personal injury law. He has a reputation as a fierce advocate for his clients and has obtained millions of dollars in verdicts and settlements over his career. He has been listed in the publication Super Lawyers of the Mid-South in the area of product liability. To learn more about Mr. Taylor, please refer to his biography page.
