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Chicago Accidents
Caused By Cargo
Loading Errors

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Dedicated Chicago Accidents Caused By Cargo Loading Errors Lawyers

Car Accidents as a Result of Improper Cargo Loading

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.

How Cargo Overloading Causes Death and Injury

Some of the most common and reasonably foreseeable ways that cargo overloading can cause death and injury include:

  • Falling cargo acts as a projectile and penetrates the windshield of a trailing vehicle.
  • An object falls onto the road and causes a second vehicle to strike a third vehicle (multi-vehicle pile-ups are possible, especially in Chicago traffic).
  • The truck tips over on its side at high speed, crushing an adjacent vehicle.
  • The truck driver loses control of the truck after a high-speed blowout that was caused by cargo overloading.

Wrongful Death Claims in Chicago

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.

Some of Our Related Practice Areas

The following are a few of the types of truck accident claims we frequently handle:


Most of Our Clients Win without Ever Going to Court

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.


Client Testimonial

“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.

Frequently Asked Questions (FAQs)

According to the Federal Motor Carrier Safety Administration (FMCSA) Cargo Securement Rules, drivers must properly secure the following:

  • Tailgate
  • Doors
  • Tarpaulin
  • Spare tires
  • Cargo securing equipment

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:

  • 0.8 g deceleration in the forward direction;
  • 0.5 g acceleration in the rearward direction; and
  • 0.5 g acceleration in a lateral direction.

That depends entirely on the situation. Potential defendants include:

  • The truck driver
  • The trucking company
  • A third-party loading company, if cargo loading was outsourced to a third party
  • A truck component manufacturer, if the accident occurred because a defective restraint failed

More than one defendant might be liable, depending on the circumstances.

This may require an investigation. Some evidence that might be produced include:

  • Cargo loading records
  • Logbooks
  • Eyewitness statements

It will help your claim greatly if you can establish that a state or federal cargo loading regulation was violated.

Contact Malman Law Today

Truck accidents caused by cargo loading errors can be complex. In fact, it can be difficult to determine who you should file your claim against. Fortunately, we are well experienced in these kinds of claims. If you were injured in a Chicagoland truck accident, call us today at 1-888-836-5975 or simply fill in our online contact form to schedule a free consultation.
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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