An Improperly Loaded Commercial Truck Can Cause a Deadly Accident

Commercial trucks are essential to Kentucky’s economy and way of life. But if they are improperly and unsafely loaded, they can become some of the most dangerous vehicles you’ll face. Satterley & Kelley, PLLC represents people severely injured in commercial truck accidents. If that’s happened to you, we can help.

Satterley & Kelley, PLLC in Louisville, takes on trucking companies and their insurance companies and wins fair compensation for our clients. They live throughout Kentucky and have been injured by careless truck drivers and their employers. Learn more by calling us at (855) 385-9532.

How is a Commercial Truck Improperly or Unsafely Loaded?

You may not think much about loading a car or a minivan. You’re probably mostly concerned about getting everything to fit. Those driving commercial trucks, including dump trucks and semi-trucks, want everything to fit, too, but their biggest concern should be loading cargo in a way that doesn’t compromise safe vehicle operation or endanger others on the road.

A commercial truck’s safety can depend on how well its cargo is evenly distributed, secured, and inspected. If that process is done carelessly, the truck may become unstable, unpredictable, and dangerous.

Improper loading may happen in several ways, including the following:

• Each commercial truck has a Gross Vehicle Weight Rating (GVWR), the maximum total weight it can safely carry, including the truck itself. When it exceeds that limit, dangerous stress is put on the brakes, tires, and suspension systems
• Cargo must be balanced evenly. If not, the center of gravity will shift, making the truck harder to steer and possibly more prone to tipping or rolling over. This is a common problem in dump trucks, where loose materials like gravel, sand, or soil can shift during turns or stops
• Cargo should be secured with tie-downs, chains, or straps. Without them, the load can move or spill during transit. This can throw off the center of gravity, and cargo may come out of or off the truck or trailer
• Dump trucks carrying loose material must use covers or tarps to prevent materials from flying out

Drivers are required to inspect their cargo before and during each trip. These inspections are critical to spotting problems such as shifting loads, broken restraints, or loose loads. If a driver skips an inspection to save time or meet deadlines, they risk operating an unsafe truck that may endanger themselves and others.

Often, contractors or shipping companies load trucks, not the driver. If a third party makes mistakes that result in a crash, they may be held responsible for the consequences.

How Improper Loading Causes Serious Accidents

Unsafe loading can trigger almost any type of truck accident. Here are some ways it can happen:

• Overloaded trucks need more time and distance to come to a stop, making rear-end collisions and runaway crashes on hills more likely. Brake failure and tire blowouts, which can lead to catastrophic loss of control, would also be more likely, especially on hot days or steep grades
• A top-heavy or unbalanced truck can tip over when turning, braking, or traveling on uneven ground
• Improperly balanced or shifting cargo can cause the trailer to swing out from behind the cab, creating a jackknife. The truck may block adjacent lanes or strike other vehicles. It may be impossible for a driver to regain control after a semi-truck jackknifes
• Cargo that’s improperly secured or covered can fall off the truck and onto the roadway. Drivers behind may strike it or swerve to avoid the debris, causing chain-reaction collisions

Because trucks are so large and take so long to stop, a single unsafe load can set off multi-vehicle pileups, especially in heavy traffic. When cargo spills, or a truck rolls over or jackknifes, dozens of vehicles may be involved.

These accidents are preventable. Proper loading, inspection, and adherence to safety rules could stop many of these tragedies from ever happening.

Who Might Be Liable for Injuries Caused by an Improperly Loaded Truck?

A thorough investigation should determine which parties caused the accident and the extent of their liability. Some of those who may be liable include the following:

• Drivers must refuse to operate a vehicle if the load is unsafe. They must check and secure cargo before and during a trip. If a driver ignores problems, they (or their employer) can be liable for negligence
• The trucking company owning or operating the vehicle may be liable for its negligence and that of its employees. Problems could include inadequate training, pressuring drivers to ignore safety problems, violating applicable regulations and laws, and not maintaining safety equipment
• If a separate business loads the truck, that company may be held liable for negligently loading it if they fail to balance the weight or secure the cargo.
• The truck may be owned by one company but leased or operated by another. If the truck’s brakes, tires, or suspension fail because parts are defective, or the vehicle wasn’t maintained or repaired adequately, the manufacturer, owner, or maintenance company could be at fault

Often, there are multiple causes. A trucking company that won’t adequately train its employees may not want to spend enough to safely maintain its equipment or trucks. If the company knows it’s violating applicable laws, it’ll probably tell its employees to keep quiet about it.

Why These Cases Require Experienced Legal Representation

Proving that a truck was improperly loaded requires a detailed investigation and expert testimony. Crucial evidence may include:

• Cargo manifests and weight tickets
• Driver inspection reports and logs
• Photos of the truck and its cargo
• Witness statements
• Expert analysis of load distribution or tie-down failure

A trucking company and its insurance carrier may move quickly to hide or control evidence after a crash. A Satterley & Kelley, PLLC commercial truck injury attorney can act quickly to preserve that evidence to ensure the facts come to light.

Speak To a Louisville Truck Accident Lawyer Near You

If you are injured in a commercial truck accident in Kentucky, we can help you handle legal and insurance matters with confidence. Put boots on the ground with help from Satterley & Kelley, PLLC.

Schedule a free initial consultation at our Louisville office by calling 502-589-5600 (toll-free at 855-385-9532) or complete our contact form today.