Since the result of a load shift or lost load can be disastrous, correct truck loading and cargo securement is vital for the safety of the truck driver and others on Michigan roads. The key point for any lawyer handling a truck accident caused by a truck load shifts or failure to secure a load correctly, must be to understand that such truck accidents are almost always preventable. Often, working with the right truck accident expert and doing a thorough investigation on how the truck was loaded and by who, is crucial to proving liability in these cases.
The general rule is that a semi-truck driver is responsible for the load that he or she is transporting. To avoid accidents, the truck driver must have knowledge of the cargo, the cargo weight, optimum placement of the load and proper securement. Furthermore, the cargo must be inspected by the truck driver during the pre-trip inspection and again after the first 25 miles of travel. More truck inspections are required after driving for 150 miles or three hours, in addition to when the truck driver takes a break or has a change of duty.
It is only when the load is €śsealed€ť and the truck driver has been instructed not to open the seal, that he isn€™t required to make that inspection. However, sealed loads still can cause tractor-trailer accidents. Regarding a sealed load, the shipper who loaded and sealed the truck is legally responsible for the respective truck accident. These 'sealed load' cases are often pursued as strict liability cases against the shipper. Often the injured party is the truck driver, who is helpless in these situations and at the mercy of the shipper who loaded his trailer.
Experienced accident attorneys should investigate all of the underlying facts. Our experienced truck accident lawyers have the knowledge and know-how to handle tragic truck accident cases caused by improper truck loading and cargo securement.
In September 2002, the Federal Motor Carrier Safety Administration published new cargo securement rules, based on the North American Cargo Securement Standard Model Regulations.
The new rules require semi-truck drivers to change the way they use cargo securement devices to prevent articles from shifting on or in, or falling from commercial motor vehicles. The changes may require Michigan truck drivers to increase the number of tie-downs used to secure certain types of cargo. The intent of the new requirements is to reduce the number of truck crashes caused by cargo shifting in or falling from commercial tractor-trailers operating in interstate commerce.
The truck accident lawyers of Michigan Auto Law have helped enforce important truck regulations on cargo securement to make our roads safer. No other law firm in Michigan has received more jury verdicts or consistently higher settlements for truck accident cases. In fact, the vast majority of our wrongful death and personal injury cases from truck accidents are referred to us by local attorneys, based upon our record of experience and success.
To request a free, no obligation case evaluation with one of our truck accident attorneys, please fill out our contact form and we will respond to your inquiry within one business day. Or to speak to an attorney immediately, please call (800) 777-0028.
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