Lost Cargo Accidents

Even though state and federal trucking regulations establish strict guidelines for securing cargo and freight, lost cargo accidents are still a common problem. Lost cargo accidents occur when some or all of a truck’s freight spills onto the road.

This is problematic for several reasons:

• The truck can become unbalanced and difficult to control
• Vehicles driving behind the truck can strike the cargo
• Cargo, especially flammable or hazardous materials, can pose a serious threat to public safety.

Every year, more than 25,000 traffic accidents involve road debris, including cargo that’s fallen out of or off of large commercial vehicles. These accidents can be catastrophic, often resulting in nearly 100 deaths.

What Are the Basics of Cargo Securement Under the FMCSA?

The Federal Motor Carrier Safety Administration (FMCSA) regulates several aspects of trucking operations, including how freight and cargo must be secured in or on a commercial truck for transport.

Generally speaking, trucking companies must make sure that:

• Cargo is firmly secured on or within a truck by “structures of adequate strength”
• Dunnage and/or dunnage bags are used to protect and secure loose cargo by covering it or filling empty space
• Freight that can potentially roll around the truck must be secured with wedges, chocks, or other devices
• Cargo secured with transverse tiedowns is placed next to each other or otherwise prevented from colliding while the vehicle is in motion
• Trucks meet minimum tiedown requirements

Lost load truck accidents are most likely to happen when these fundamental securement rules are violated, either intentionally or because the company, driver, or loader is negligent.

What Causes Lost Cargo Accidents?

Some of the most common scenarios in which cargo is lost from a truck include:

• Not using enough tie-downs: The FMCSA has strict rules about how many tie downs must be used for cargo based on their length and/or weight. As a general rule, cargo less than 5 feet long weighing less than 1,100 pounds needs one tie down. When cargo is between 5 feet and 10 feet long and/or weighs more than 1,100 pounds, two tie-downs are required. Longer cargo requires another tie-down at every 10-foot interval.
• Improper stacking: It’s common for trucking services to stack items to use a trailer or truck bed to its maximum capacity. In these situations, cargo is likely to fall off or out of the truck if the loader doesn’t use appropriate dunnage to secure the cargo and prevent it from shifting, especially when that cargo is exposed during transport.
• Overloading: Overloading a commercial truck can put too much strain on the vehicle and its tires, which can cause the cargo to shift, loosen, and fall onto the road surface.
• Negligent inspections and maintenance: Securement devices like straps and tiedowns only work when they’re in good condition. If a trucking service fails to check the integrity of its equipment, it might not see that straps have frayed or that tie-downs have rusted out or been damaged.

If you’ve been injured in a lost cargo accident, it’s important to consider your legal rights. The trucking company, the truck driver, the freight loaders, and other parties could be liable for your costs, injuries, and suffering. Working with an experienced Chicago truck accident lawyer at Taxman, Pollock, Murray & Bekkerman, LLC can help you hold them accountable for the consequences of their mistakes.

Our powerhouse legal representation has helped clients win hundreds of millions in monetary awards. Discover how we can help you after a lost load truck accident, too. Call our Chicago law office for a free consultation now.