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Cargo Spill Truck Accident Lawyers

Truck cargo spills can pose significant problems for other drivers on the road. Firstly, spills can create hazards by covering the roadway with debris or spilled cargo. This debris can include loose items such as boxes, barrels, or equipment, which can obstruct or damage vehicles that pass over or strike them. These obstacles can lead to sudden swerves or collisions, potentially endangering the lives of other drivers and passengers.

Spilled cargo can also cause slippery surfaces, especially if it contains liquids such as oil, chemicals, or hazardous materials. This adds an extra level of danger, as vehicles passing over the spillage may experience reduced traction and face an increased risk of skidding or losing control. The resulting accidents could involve multiple vehicles and potentially result in serious injuries or fatalities.

Types of Accidents Caused by Cargo Spills

Cargo spills refer to accidents involving large vehicles such as trucks, trailers, or tankers that result in the spillage of their cargo onto roadways. These incidents can lead to various types of roadway accidents, posing significant risks to motorists, pedestrians, and the environment.

  • Collisions. When a truck loses control due to an unbalanced or improperly secured load, it can collide with other vehicles on the road. The spillage of cargo may obstruct drivers’ visibility or cause slippery road conditions, making it difficult for motorists to navigate safely. Collisions resulting from cargo spills can cause serious injuries or fatalities, potentially involving multiple vehicles in a chain reaction.
  • Rollovers. Improperly secured or overloaded cargo can shift and destabilize the truck, leading to the vehicle rolling over on the road. Rollovers not only pose risks to the truck’s occupants but can also result in collisions with other vehicles, leading to severe injuries or fatalities. The spilled cargo may further obstruct the road, increasing the risk of secondary accidents.
  • Highway closures. Cargo spills often result in blocked lanes and road closures. These types of accidents can require extensive clean-up efforts and result in secondary accidents from vehicles attempting to swerve or avoid road debris.

If you have been in an accident caused by a load spill, you need to call the cargo spill truck accident lawyers at Torgenson Law. We have been representing Arizona drivers for over two decades in all types of accidents. Our experienced litigators will evaluate your case and chart the best course of action to obtain a settlement for your injuries and damages.

Federal Regulations for Cargo Loads

The federal regulations for cargo loads in the United States are primarily established and overseen by the Federal Motor Carrier Safety Administration (FMCSA), an agency within the Department of Transportation (DOT). These regulations are designed to ensure the safe transportation of goods on highways and to prevent accidents caused by improperly loaded or secured cargo.

One important federal regulation is related to the weight limits imposed on commercial vehicles. These limits vary depending on the type of vehicle, the number of axles, and the specific roadway. The purpose of these weight restrictions is to prevent excessive strain on roads and bridges and maintain the vehicle’s stability and maneuverability.

The FMCSA also mandates that all cargo be properly distributed, secured, and protected to prevent shifting or falling during transit. Specific rules exist for different types of cargo, such as general freight, hazardous materials, and specialized equipment. The regulations address various aspects of load securement, including the use of appropriate equipment, like straps, chains, binders, and dunnage, as well as the necessity of inspecting and adjusting the load during transit.

The FMCSA also emphasizes the importance of preventing the transportation of overloaded or improperly balanced cargo. This is particularly crucial for preventing accidents, as unbalanced loads can cause a truck to tip over or lose control.

Trucking companies must comply with regulations regarding load distribution and securing methods to maintain the stability of the vehicle. Consulting with a truck accident attorney for maintenance issues can help unravel the accident and determine where the liability lies for the accident.

Liability for Accidents Caused by Unsecured Cargo Loads

Liability for accidents caused by unsecured cargo loads in Arizona typically falls on the person or party responsible for loading and securing the cargo. This responsibility may lie with the driver, the loading crew, the owner of the vehicle, or the trucking company that hired the driver or loading crew.

  • The driver. Commercial truck drivers are often responsible for ensuring that their cargo is properly secured. They are expected to follow industry standards along with federal and state regulations to prevent accidents caused by shifting or falling cargo. If a driver fails to comply with these standards or negligently secures the cargo, they may be held liable for any resulting accidents or injuries.
  • The loading crew. The loading crew or personnel responsible for securing the cargo may also be liable if their negligence or improper loading practices contribute to an accident. This could include failing to properly secure the cargo, overloading the vehicle, or improperly distributing the load, increasing the risk of accidents.
  • The trucking company. In some cases, the liability for accidents caused by unsecured cargo may extend to the owner of the vehicle. If the owner fails to properly train their drivers or loading crew, neglects regular vehicle maintenance, or knowingly allows a vehicle with unsafe conditions to be used, they may be held liable for any accidents resulting from unsecured cargo loads.

If you’ve been in an accident caused by a cargo spill, consulting with attorneys at Torgenson Law who specialize in personal injury or transportation law can help navigate the specific circumstances and applicable laws to determine liability in a particular case.

Damages That Can be Recovered in a Cargo Spill Accident

In Arizona, damages that can be recovered in a cargo spill truck accident will vary depending on the case’s specific circumstances. However, the injured parties may typically seek several types of damages.

  • Compensation for property damage is a common type of damage sought in cargo spill accidents. This may include the cost of repairing or replacing a damaged vehicle, trailer, or any other property that was affected by the accident.
  • Medical expenses can also be recovered for any injuries sustained as a result of the cargo spill accident. This includes the cost of hospitalization, surgeries, medications, rehabilitation, and any other necessary medical treatments.
  • Lost wages and loss of earning capacity can also be claimed. If the accident caused the injured party to miss work or resulted in a long-term disability that affects their ability to earn income, they are entitled to compensation for the wages they could have earned during that period, as well as any future earning potential that is lost due to the accident.
  • Additionally, pain and suffering damages can be recovered in Arizona. These damages compensate the injured party for the physical and emotional pain, suffering, and trauma they experienced as a result of the cargo spill accident. This can include ongoing pain and treatment, mental anguish, loss of life enjoyment, and other non-economic damages.
  • It’s also important to note that in Arizona, there may also be a potential for punitive damages to be awarded in cargo spill accidents. Punitive damages are intended to punish the defendant for reckless or intentional actions and deter others from engaging in similar behavior.

Overall, the damages that can be recovered from a cargo spill accident in Arizona are designed to compensate the injured party for their losses and to help them rebuild their lives after experiencing such a traumatic event.

Torgenson Law Head On Truck Accident Lawyers

Having a collision with a truck can be a traumatic experience for your entire family. As soon as possible after an incident, it’s important to contact a cargo truck accident lawyer who knows how to get results for Arizona drivers. Torgenson Law has extensive experience obtaining justice for accident victims.

We work with our clients every step of the way to investigate the incident and build a compelling case for compensation. For a free case evaluation, reach out to us online or call us at 602-726-0747 to get started on submitting a claim for your pain and suffering.

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