One of the most challenging obstacles truck accident victims face is proving liability, especially since there are so many parties involved in the operation of the truck.
The Federal Motor Carrier Safety Administration (FMCSA) estimates that over 50,000 large truck crashes annually involve cargo securement failures. This figure accounts for roughly 14% of all reported truck accidents, and it highlights a hidden factor behind some truck accidents, which is the cargo loader.
A truck accident attorney can help you figure out who the liable party is, be it the driver, manufacturer, cargo company, or even the loaders.
Who Are Cargo Loaders?
Cargo loaders, sometimes called freight handlers or secured load specialists, are the individuals responsible for arranging, securing, and ensuring the safe transport of cargo inside trailers. This can include anything from boxes and furniture to heavy machinery and hazardous materials.
These loaders play a very vital role in the transportation industry, making sure cargo arrives at its destination without causing damage or, worse, an accident.
This seemingly simple task involves a lot more than just throwing boxes onto a trailer.
Cargo loaders need to be meticulous. They assess the weight, shape, and size of the cargo, then choose the appropriate securement methods to prevent it from shifting or falling during transit.
This can involve using straps, tie-downs, bracing, dunnage (wedge-shaped materials to fill gaps), and different securing techniques depending on the specific cargo.
Cargo loaders can work for various entities, including:
Shipping companies: These companies manage the movement of goods across various sectors and employ loaders to ensure safe loading practices at their warehouses.
Third-party logistics providers: These companies specialize in handling logistics for other businesses and often employ teams of cargo loaders.
Independent contractors: Some loaders work directly with trucking companies, loading trailers at various pick-up points.
How Cargo Loaders Cause Accidents
Here are the most common mistakes cargo loaders make when packing goods onto a truck:
Ignoring Regulations
Failing to follow FMCSA regulations regarding cargo securement can be a recipe for disaster. For example, exceeding weight limits or neglecting to use the required number of tie-downs can significantly increase the risk of an accident.
Improper Weight Distribution
A miscalculation in weight distribution can have disastrous consequences. If the trailer is overloaded on one side, the truck can become unstable and roll over, especially during sharp turns or maneuvers.
Incorrect Securement Techniques
Using the wrong type of securement equipment, failing to properly tighten straps, or neglecting to inspect equipment for damage can all lead to cargo becoming loose during transit.
Loose cargo can fall onto the road, creating a hazard for other motorists, or shift within the trailer, causing the driver to lose control of the truck.
Consequences of the Cargo Loader’s Mistakes
Here are some of the potential consequences of the mistakes cargo loaders make:
Unbalanced Trailers and Rollovers
If the cargo loader fails to secure the load properly, it can shift during transit, causing the truck to become unbalanced and potentially overturn. This can lead to head-on collisions, jackknifed trailers blocking entire lanes of traffic, and debris being scattered across the highway.
All of these create a potentially dangerous obstacle course for other vehicles. Rollovers account for a disproportionate number of fatalities in truck accidents, accounting for over 30% of all truck occupant deaths.
Falling Objects and Road Hazards
Inadequate securement can cause cargo to fall out of the trailer onto the road during transit. Imagine a heavy box or piece of machinery tumbling onto a car at highway speeds. The chances of that car and its occupants making it out without a scratch are very slim.
Damaged Cargo and Financial Losses
Improper loading can lead to cargo damage due to shifting or crushing during transport. This can be a major financial loss for both the shipping company, who may be liable for damaged goods, and the receiver of the goods, whose business operations can be disrupted by delayed or unusable products.
Importance of Proper Training for Cargo Loaders
The key to preventing these accidents lies in proper training for cargo loaders. They need to understand federal regulations regarding weight limits and securement methods.
This includes knowing how to use different types of securement equipment like straps, chains, binders, and dunnage effectively.
Cargo loaders should also be able to assess the weight and dimensions of cargo to determine the appropriate securement techniques. Unfortunately, some companies prioritize speed and efficiency over safety, and sometimes, you’re the one who has to bear the consequences.
Refuse to be the victim. Hire a lawyer to help you hold the liable party accountable and get compensation for your damages.
