Both truck drivers and trucking companies are subject to strict regulations on the manner in which the truck’s cargo is loaded. Improperly loaded cargo is inherently dangerous, perhaps more dangerous than an intoxicated driver. Accidents caused by cargo loading errors often trigger sizeable personal injury claims.
Some of the most common and reasonably foreseeable ways that cargo overloading can cause death and injury include:
Cargo overloading accidents are more likely to be fatal than most other types of accidents. The Illinois wrongful death statute allows the personal representative of the probate estate of a deceased truck accident victim to file a wrongful death lawsuit. Damages do not go to the estate directly but to the surviving spouse (if any) and next of kin.
Wrongful death awards are substantial. Typically, they are comparable to the amount that might have been awarded had the victim lived and won a personal injury claim for grievous bodily injury.
The following are a few of the types of truck accident claims we frequently handle:
At Malman Law, most of our clients’ claims are resolved through negotiated out-of-court settlements (“most” means more than 90 percent). Of course, to win out of court, you have to be ready to win in court. It is fear of losing in court that motivates the opposing party to negotiate. Let us handle negotiations for you while you make the major decisions.
“Kent and his team were Fantastic!! They helped us with all our questions and resolved our case with Great Results!!! Highly recommend this firm!!!!” — Patti C.
According to the Federal Motor Carrier Safety Administration (FMCSA) Cargo Securement Rules, drivers must properly secure the following:
Trucking companies are also responsible for ensuring that the truck has been properly loaded.
According to the FMCSA, the cargo must be loaded in a manner that can withstand:
That depends entirely on the situation. Potential defendants include:
More than one defendant might be liable, depending on the circumstances.
This may require an investigation. Some evidence that might be produced include:
It will help your claim greatly if you can establish that a state or federal cargo loading regulation was violated.
With your medical expenses and perhaps lost work time, etc., you may already be in a financial hole. You may be afraid that you are digging that hole even deeper by hiring a law firm to represent you. Fear not, because you won’t be. We charge no upfront fees and nothing ever unless you win and actually receive the funds. Our legal fees are strictly proportionate to the amount you win.
2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet
NOAH TAFFELPersonal Injury Victim