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Cargo securement issues can factor into trucking accidents, trucker liability, P.2

Last time, we began looking generally at cargo securement rules both at the state and federal level. As we noted, federal and state rules establish very specific requirements which must be followed by truckers and their employers. These rules are in place to help ensure that heavily loaded commercial vehicles don’t cause undue risk of harm to others on the roadway.

Failure to abide by cargo securement rules, even in small ways, puts other motorists at risk. Accidents caused by failure to follow cargo securement rules—or any safety regulation—are tragic because they are entirely preventable when truckers and their employers exercise their duties correctly. 

In cases where a truck driver and/or his or her employer fail to follow federal safety regulations, it is important for accident victims to work with an experienced personal injury attorney to hold the truck driver, and possibly his or her employer, accountable. In any personal injury case, a plaintiff is required to demonstrate that the defendant or defendants acted negligently and thereby caused harm to the plaintiff. This can be done a number of different ways depending on the circumstances of the case, and one way to do this is by pointing to violation of federal and state safety rules such as those pertaining to cargo securement.

The same thing can be done with federal hours of service rules, vehicle maintenance regulations, traffic violations, and any other breach of legal duty. Those who have suffered because of a trucker’s negligence, of course, should always work with an experienced personal injury attorney to build the strongest possible case and to maximize their chance of obtaining fair compensation.

Sources:

FMCSA, “Cargo Securement Rules,” Accessed May 19, 2016.  

Wisconsin Department of Transportation, Wisconsin Administrative Code: Chapter Trans 307

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