If you suffered an injury in an accident caused by an improperly loaded truck, you can seek compensation through a personal injury claim. Trucking accidents often leave victims with significant and life-altering injuries. The compensation you receive through your claim can cover your medical expenses, lost wages, and more.
Contact Rizk Law today for a free consultation with an experienced Portland truck accident attorney. We’ll review your case, explain your legal options, and help you seek the money you deserve after an improperly loaded truck accident.
The Dangers of Improperly Loaded Trucks on Portland Roads
Truck accidents due to improper loading put truck drivers, other motorists, and pedestrians at severe risk of harm. Overloaded trucks and unsecured cargo can cause various types of truck accidents, including:
- Rollover accidents
- Jackknife accidents
- Rear-end accidents
- Falling cargo accidents
Whether the imbalanced or unsecured cargo causes the truck to crash into you or a piece of cargo comes loose and hits your vehicle, the consequences are often severe. Many of these collisions are fatal, but even when victims survive, they’re frequently left with permanent disabilities that impact every aspect of their lives.
Regulations for Proper Loading Procedures
Because unsecured cargo on large trucks poses significant dangers, drivers, trucking companies, and cargo loaders must follow state and federal regulations when loading and unloading cargo:
- State regulations – Like many states, Oregon has specific laws regulating how truck loaders must secure cargo. These laws outline when and how many tie-downs are necessary, when cargo covers are needed, and the types of cargo that require specialized care.
- Federal regulations – The Federal Motor Carrier Safety Administration (FMCSA) outlines the federal trucking regulations that trucks in Oregon must also adhere to. These regulations include the proper use of tie-downs and securement requirements for cargo such as logs, metal coils, paper rolls, concrete pipes, heavy machinery, and more.
How Do Improper Loading Accidents in Portland Happen?
Properly securing cargo is the best way to prevent accidents when loading a truck. Improper truck loading can occur in various ways, resulting in many kinds of collisions. Some of the most common causes of truck accidents caused by improperly loading cargo include:
- Overloaded trucks – In Oregon, trucks cannot exceed a maximum gross weight of 80,000 pounds without holding special permits and meeting additional safety requirements. This weight limit is in place because overloaded trucks require more stopping distance, and any cargo hanging over a flatbed’s edge can result in collisions with other vehicles.
- Improper weight distribution – If the weight on a truck isn’t properly distributed, it can cause various types of wrecks. For example, too much weight over a single axle can increase the risk of a tire blowout. If more weight is on one side of the truck than the other, it can also increase the risk of a rollover accident.
- Unsecured cargo – When cargo isn’t secured, it can fall from the back of a truck and hit following vehicles or become a road hazard. Depending on the size and weight of this falling cargo, it could cause catastrophic injuries.
- Faulty equipment – When straps, chains, or binders fail, cargo can shift or fall from the back of a truck. These cargo securement devices can fail due to manufacturing defects, improper use, or damage.
- Shifting cargo – Loose cargo can shift in transit, changing the weight distribution and increasing the risk of collisions. When braking, cargo can move forward, leading to jackknife accidents. When turning, cargo can shift from side to side, increasing the risk of rollover accidents.
Types of Injuries Caused by Improper Loading Truck Accidents
Improperly loaded trucks can cause various types of severe injuries. Some of the most common include:
- Head and neck trauma – Traumatic brain injuries (TBIs) can range from mild concussions to severe brain damage that causes permanent physical and cognitive impairment. Whiplash, a soft tissue injury affecting the neck, is one of the most common injuries suffered in motor vehicle accidents. It can cause chronic pain, headaches, and decreased mobility.
- Spinal cord injuries – Injuries to the spinal cord can result in chronic pain conditions in the best cases and total paralysis in the worst. These serious injuries are often life-changing and require extensive medical treatment and rehabilitation.
- Broken bones – The force of a crash with a large truck can easily break and fracture bones, including the femur, the strongest bone in the body.
- Internal bleeding – One of the biggest dangers of truck accidents is internal organ damage. The blunt force of a collision with a truck or cargo that’s fallen into the roadway can cause severe damage to organs and internal bleeding, requiring immediate medical attention.
- Wrongful death – Because of the size and weight of commercial trucks, accidents involving them often result in fatal injuries for victims. Family members can seek compensation for the loss of their loved ones by filing wrongful death lawsuits against the at-fault parties.
What to Do After an Improper Loading Truck Accident in Portland
After a collision involving a truck with an improperly secured load, you should take the following steps to protect your health and right to seek maximum compensation for your injuries:
- Get immediate medical attention to prevent your injuries from worsening and create a record of your injuries and the treatments you received.
- Document your injuries by taking photographs of all visible injuries and writing down how your injuries impact your daily life in a journal.
- Gather evidence from the accident scene, including photographs of your damaged vehicle, skid marks on the road, and relevant traffic signs. Your injuries may prevent you from gathering this evidence yourself, in which case you should have someone else get it for you.
- Report the crash to your insurance provider. Many insurance providers require that you report all accidents, even if you weren’t at fault.
- The best way to protect your rights is to speak with an experienced Portland truck accident attorney. An attorney can assist you with all aspects of your case, from gathering evidence to representing you in court.
Holding Responsible Parties Accountable After an Improper Loading Accident
Some of the parties that could be liable for your injuries after a truck accident due to improper loading are:
- Trucking companies – The trucking company may be liable for injuries caused by its employees’ negligence or its own business practices.
- Truck drivers – The truck driver may be at fault if their negligence contributed to the incident, such as driving too fast for the cargo they were carrying.
- Cargo owners – The cargo owner could be held responsible if they encouraged the overloading of the truck.
- Cargo loaders – The cargo loader could be liable if they failed to properly secure the cargo with the correct type and number of tie-downs.
Investigating the crash and identifying all liable parties is essential because it can improve your chances of securing the full compensation you deserve. Due to insurance policy limits, there may be caps on the compensation you can receive from a single liable party. Spreading the compensation you’re seeking across multiple liable parties can help mitigate the impact of these policy limits.
A Portland Truck Accident Attorney Can Help
Some of the key ways a truck accident lawyer in Portland can assist with your case are:
- Using their experience handling other truck accident lawsuits, including complex cases involving unsecured cargo
- Investigating the wreck to determine liability and gather the evidence necessary for holding at-fault parties financially liable for their negligence
- Filing your lawsuit within Oregon’s two-year deadline for personal injury
- Negotiating a fair settlement with the insurance companies on your behalf
- Representing you in court if the insurance companies refuse to offer a fair settlement
What to Look for in a Portland Truck Accident Attorney
When choosing a truck accident lawyer to handle your case, some of the things you should look for include:
- Experience with similar cases – You need a truck accident attorney who has handled other cases involving improperly secured cargo.
- Track record of success – Look for attorneys who highlight client testimonials and case results on their websites and have good client reviews on Google and AVVO.
- Understanding of federal regulations – One of the reasons truck accident lawsuits are complex is that they involve both state and federal laws and regulations. You need an attorney who is familiar with the federal regulations and knows how to use them to your advantage.
- Strong communication skills – Your attorney should be a strong communicator so they can clearly explain the complexities of your case, allowing you to make informed decisions.
- Commitment to client satisfaction – Your attorney should be committed to client satisfaction and achieving successful outcomes. At Rizk Law, we don’t simply accept the first settlement offered by insurance companies. We fight for fair compensation for our clients, even if it means going to trial.
Call Today for a Free Consultation!
If improperly secured cargo contributed to your injuries in a Portland truck accident, contact Rizk Law for a free consultation with an experienced attorney. During your initial case review, we’ll help you determine the strengths and weaknesses of your case and the best course of action for seeking the compensation you deserve.
At Rizk Law, we have decades of experience standing up for the rights of accident victims. We have recovered millions on their behalf, including $900,000 for a client who was T-boned by a delivery truck driver. Another client we helped says, “Phenomenal assistance with the most caring and awesome lawyers you can find. They will fully invest in you and [your] case and go above and beyond.” Reach out today to find out what our skilled and compassionate team can do for you.