Commercial trucks routinely transport heavy cargo through Aurora. Federal safety regulations require this cargo to be properly balanced, secured, and inspected before a truck ever begins moving. When trucking companies or cargo handlers fail to follow these rules, truck accidents in Aurora are bound to happen.
Victims of unsecured-load truck crashes frequently suffer devastating injuries, including:
- Traumatic brain injuries
- Spinal cord damage or paralysis
- Severe burns
- Multiple fractures
- Internal organ injuries
- Permanent scarring and disfigurement
- Amputations
These injuries are often catastrophic and frequently lead to fatalities on Illinois roads.
Are Trucking Companies Required to Secure Cargo?
Unsecured or improperly loaded cargo can shift during transport, causing trailers to sway, jackknife, or roll over. In other cases, cargo spills directly into traffic, striking nearby vehicles or forcing drivers to swerve.
Federal Motor Carrier Safety Administration (FMCSA) regulations strictly govern how cargo must be loaded, balanced, and restrained. These rules exist to prevent dangerous weight shifts and falling debris.
Trucking companies and cargo handlers must generally ensure that:
- Cargo weight is evenly distributed
- Loads do not exceed legal weight limits
- Tie-downs, straps, chains, and blocking devices meet safety standards
- Hazardous materials are packaged and secured properly
- Cargo is inspected before departure and during transit
However, some companies cut corners to save time and money. Companies may fail to use adequate restraints or tie-down equipment, overload trailers, or skip required inspections. These shortcuts turn commercial trucks into moving hazards.
Who Is Liable in Unsecured Load Truck Accidents?
Crashes involving shifting or falling cargo often implicate multiple parties, including:
- Trucking companies are responsible for ensuring cargo is safely transported. A company that fails to enforce loading procedures or pressures workers to rush may be held liable.
- Cargo loading companies or warehouses may be responsible if they improperly secured the cargo.
- Truck drivers must inspect loads before departure and periodically during trips. A driver who ignores visible hazards or fails to conduct required inspections may share liability.
To determine liability, an attorney will typically review loading records, bills of lading, surveillance footage, inspection reports, and vehicle data, among other things.
Thanks to Illinois comparative fault laws, any party that contributed to your accident can be held liable for their share of responsibility. If you share partial blame as a victim, your compensation will be reduced to account for your share of the fault. You cannot recover compensation if you are mostly at fault (i.e., 51% or more).
Contact an Aurora Truck Accident Lawyer for Help Securing Compensation After a Truck Accident
If you or a loved one was injured in an Aurora truck crash caused by shifting or falling cargo, an experienced truck accident lawyer in Aurora, IL can help protect your rights. Your attorney can secure loading records, inspection logs, electronic vehicle data, and expert testimony to determine exactly how the load failed and who is responsible. They can also identify and calculate your damages so you know the true value of your claim.
Contact Feagans Law Group today to schedule a free consultation and learn more about your legal options after a serious truck accident.