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Determining Liability in Improperly Loaded Truck Cases

One of the most common causes of trucking accidents is the improper loading of trucks. There are several different ways that trucks can be improperly loaded. If any of these scenarios are present in a truck accident, the trucking company could be held liable for the accident and any injuries or damage caused.

Examples of improperly loaded trucks include:

  • Overloaded trucks. Trucks that are carrying too much cargo or cargo that exceeds a truck’s weight capacity are more difficult to keep control over while driving, especially when going around sharp corners and curves. This could lead to the driver losing control of the vehicle and potential tipping.
  • Underloaded trucks. Trucks that do not have the minimum amount of cargo could have issues with cargo shifting in the truck while it’s moving. The shifting of cargo means a sudden shift in weight distribution for the vehicle, which makes it difficult for the driver to maintain control.
  • Unsecured cargo. Examples of trucks with unsecured cargo include trucks with open beds carrying cargo not fastened down with belts or cords, or standard semis with cargo not secured in the back end. Cargo that comes loose is extremely dangerous for the driver of the truck and for other drivers on the road, especially if it falls onto the road.

If a car accident occurs and the cause is found to be any of these types of improper loading, the trucking company can be held liable for the accident. Speak with an experienced truck accident attorney with Barasch McGarry Salzman & Penson in New York right away.

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