Unsafe loads are an overlooked factor in many Southern Ohio trucking accidents.
Dangerous, unstable, and unsafe loads include cargo that is unsafely loaded, which can result in sudden shifts while in transit, especially during emergency braking or sudden, evasive maneuvers. In other cases, overloaded trucks can result in dangerous loads. Unsecured or improperly secured loads are another risk factor that can result in accidents even when a truck is underloaded.
Hazardous cargo, liquid cargo, flatbed loads not properly distributed or secured, and oversized loads all create unique risk factors that can cause or contribute to a serious or fatal incident, or increase the risk of injury to occupants of a passenger vehicle when an incident does occur.
Contacting an experienced Chillicothe trucking accident attorney as soon as possible after a collision is the best thing you can do to protect your rights and the financial wellbeing of you and your family.
Liability for Unsafe Loads
In building a case for damages, your chosen law firm must determine all factors of causation and identify all liable parties.
Factors of causation in trucking accidents:
- Driver training and experience
- Driver actions or inactions
- Weight and security of load
- Type of cargo
- Truck and trailer maintenance
- Compliance with state and federal rules
Liable parties for trucking accidents may include:
- Truck driver
- Trucking companies
- Owner of trucks or trailers
- Maintenance contractors
- Freight owners
- Freight dispatchers
- Freight loaders
We see here that determining all factors of causation can also reveal potential liable parties. When cargo or unsafe loading causes or contributes to a serious incident, looking to freight owners, loaders and dispatchers may reveal additional liable parties. However, these are complex investigations that do not always lend themselves to clear-cut answers. For instance, when a truck overturns and spills cargo across a highway, it can be difficult to determine whether the cargo was properly loaded.
An experienced trucking accident lawyer in Chillicothe will be in the best position to identify all liable parties in the wake of a serious or fatal trucking accident in Southern Ohio. When your chosen law firm fails to uncover all factors of causation, the result can be a case that does not hold accountable all of those responsible. In such cases, victims lose the ability to pursue such parties, and their insurance carriers, for adequate damages.
Even more troubling, failure to pursue such parties can result in defense attorneys shifting blame to parties not identified in your lawsuit, which can further hinder victim’s abilities to collect damages.
The trucking industry is highly adept at avoiding liability for serious and fatal injuries. Through long experience and skilled legal help, many tactics have been developed to shield them from liability, including the use of limited liability corporations, hiring independent contractors, using rented and leased equipment, and utilizing various liability waivers are all common tactics.
Failure to choose a law firm with the knowledge and experience to overcome these common roadblocks to recovering damages can result in an inability to win or collect a judgment, or a judgment or settlement that is worth far less than your case deserves.
If you have been injured in a collision with a commercial vehicle, contact Mike Warren at Buckeye Legal at 740-774-4357 for a free and confidential consultation to discuss your rights.
