Queens Trucking Accident Lawyers Explain Liability for Unsecured Cargo Causing NYC Trucking Accidents
Large commercial vehicles like flat beds, semi tractor trailers, tankers, and other big rigs are meant to haul cargo across the United States. This cargo could simply be normal households goods, crates of food, or large cement pipes, wooden logs, or other construction materials. It goes without saying that this can be very dangerous. Since every state has different sets of laws, a federal agency known as the Federal Motor Carrier Safety Administration (FMCSA) has been deputized to create regulations that apply throughout the United States. It does not matter where the truck driver is from, going to, or traveling in—these federal regulations set the minimum requires. One of these requirements governs securing cargo, an important part of making a trucking delivery. This is an important safety regulations because unsecured cargo causing NYC trucking accidents could result in serious personal injuries or the wrongful death of an innocent person.
Here at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. , our experienced Queens trucking accident lawyers know how dangerous and devastating trucking accidents can be for innocent people and their families. This is particularly true when unsecured cargo or improperly loaded cargo causes a catastrophic or deadly trucking accidents. If you or a loved one were seriously injured in an unsecured cargo accident, please call our personal injury law firm by dialing 800-247-8164 for a FREE consultation to learn what your rights to compensation may be. If we accept your case, you have no upfront financial risk as we only get paid once we collect compensation for you.
Regulations Regarding Unsecured Cargo
FMCSA regulations govern the inspection of cargo and the use of cargo securement devices and systems. The specific section is 49 CFR 392.9 which applies to a truck driver and a trucking company. If a NYC trucking accident is caused by unsecured cargo, it is likely that this section was violated.
Pertinently, truck drivers must inspect their cargo:
- Before starting a delivery
- Within the first 50 miles of beginning a trip or delivery
- At any reexamination event, which includes:
- When the truck driver changes status from on duty to off duty, or vice versa
- If the truck has been driven for 3 hours, or
- If the truck has been driven for 150 miles, whichever event comes first.
Even if the truck driver complied with this section, the fact that cargo fell off of a truck and caused injuries to an innocent person is still likely the responsibility of the truck driver or trucking company. This is because a truck driver or trucking company is in control of and responsible for this cargo. It would be manifestly unfair to allow a truck driver or trucking company who is making money on the delivery to avoid paying for personal injuries caused by it.
Injures Caused by Unsecured Cargo
Victims may be seriously injured when unsecured cargo causing NYC trucking accidents falls onto their vehicle, crashes into them, or presents an unavoidable hazard in the roadway. Some of the most serious types of personal injuries from unsecured cargo include the following:
- Traumatic brain injuries
- Spinal cord injuries including paraplegia and quadriplegia
- Crushing injuries
- Broken bones
- Nerve injuries
- Organ injuries
- Significant disfigurement
- Burn injuries
- Amputations, and
- Many other types of serious personal injuries.
Victims Involved in Unsecured Cargo Causing NYC Trucking Accidents Should Call our Queens Trucking Accident Lawyers for Help
Ask our Queens trucking accident lawyers if you or a loved one were seriously injured or if a loved one was wrongfully killed be unsecured cargo causing a NYC trucking accident. We represent victims and their families in their time of need such as this. Learn what rights you have under New York law during a FREE consultation with our legal team at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. Call us today by dialing 800-247-8164 for a free case evaluation or use our convenient and easy-to-use contact us box available here to get started.