Shifting or Falling Cargo Accident Lawyers in Illinois

Award-Winning Illinois Injury Attorneys for Truck Accidents Caused by Dropped or Shifting Cargo

Truck accidents resulting from shifting or falling loads are a significant concern in the transportation industry, leading to severe injuries, fatalities, and substantial economic losses. These incidents often stem from improper loading practices, inadequate cargo securement, and failure to adhere to safety regulations. Understanding the causes, consequences, and preventive measures associated with such accidents is crucial for enhancing road safety and mitigating risks.​

When trucking companies and drivers act negligently, the top-rated trucking accident attorneys at John J. Malm & Associates fight to hold them accountable. With decades of experience, we understand how overwhelming these cases can be for families, and we’re here to guide you every step of the way. Unlike typical car accidents, trucking collisions involve federal laws, corporate policies, and aggressive insurance companies. Our team has the expertise and dedication to stand up for your rights and pursue the justice you deserve.

Overview of Truck Accidents Involving Shifting or Falling Cargo Loads

Shifting or falling cargo can destabilize a truck, leading to accidents such as rollovers, jackknifes, and collisions. The Federal Motor Carrier Safety Administration (FMCSA) reports that cargo shifts are responsible for approximately 4% of all truck accidents. Despite this seemingly low percentage, the relative risk associated with cargo shifts is notably high, with a “relative risk” factor of 56.3 compared to other causes of truck accidents. ​

Statistical Insights

In 2021, large trucks accounted for 9% of all vehicles involved in fatal crashes in the United States. While cargo shifts are responsible for about 4% of these accidents, the severity and potential for catastrophic outcomes make them a critical area of concern. ​

Causes of Shifting or Falling Truck Loads

Several factors contribute to cargo shifts and subsequent accidents:

• Inadequate Weight Distribution: Improperly balanced loads can cause instability, increasing the likelihood of rollovers or loss of vehicle control. ​
• Failure to Secure Materials: Insufficient or improper use of restraints can lead to cargo moving during transit, resulting in crashes. ​
• Overloading: Exceeding the truck’s weight capacity can strain vehicle components and impair handling, contributing to accidents. ​
• Spilled Cargo: Unsecured or improperly secured cargo can spill onto roadways, creating hazards for other motorists and leading to multi-vehicle collisions. ​
• Limited Visibility: Highly stacked or improperly loaded cargo can obstruct the driver’s view, increasing the risk of crashes due to limited visibility. ​

Common Injuries Resulting from Shifting or Falling Loads

Accidents caused by shifting or falling cargo often result in severe injuries, including:

• Traumatic Brain Injuries (TBI): These injuries often occur when a victim’s head strikes another object or is struck by debris from an unsecured load. TBIs can range from mild concussions to severe brain damage, potentially resulting in long-term cognitive, physical, and emotional impairments.
• Spinal Cord Injuries: These occur when the force of an accident damages the victim’s spinal cord, potentially leading to partial or complete paralysis, loss of sensation, and other serious long-term complications, significantly impacting the victim’s quality of life. ​
• Broken or Fractured Bones: Victims often sustain broken or fractured bones due to the impact of the accident. These injuries can range from minor fractures, requiring several weeks to heal, to severe breaks that might necessitate surgeries, physical therapy, and prolonged recovery periods. ​
• Internal Injuries: The force exerted during a cargo-related accident can cause internal injuries, such as organ damage or internal bleeding, which may not be immediately apparent but can be life-threatening if not promptly treated.​
• Lacerations and Abrasions: Debris from falling cargo can cause cuts and scrapes, which, while sometimes minor, can also be severe and lead to significant blood loss or infection.​

Liability in Accidents Caused by Shifting or Falling Truck Loads

Determining liability in 18-wheeler crashes caused by shifting or falling cargo involves assessing the roles of various parties:

• Truck Drivers: Drivers are responsible for inspecting their vehicles and ensuring that cargo is properly secured before and during transit. Failure to conduct thorough inspections or to address known issues can result in driver liability. ​
• Trucking Companies: Companies may be held liable if they fail to provide adequate training on proper loading and securement techniques, or if they encourage or allow unsafe practices to meet delivery deadlines. ​
• Cargo Loaders: Third-party companies or individuals responsible for loading the truck can be held accountable if improper loading or securement leads to an accident. ​
• Shippers: In cases where the shipper loads and seals the trailer, they may bear responsibility for ensuring the cargo is properly secured. This is often noted as “Shipper Load and Count” (SLC) on the bill of lading, indicating the shipper’s accountability. ​
• Manufacturers: If defective equipment, such as faulty tie-downs or securing devices, contributes to cargo shifts, the manufacturer of these components may be held liable.​

Determining liability often requires a thorough investigation into the circumstances of the accident, including reviewing loading practices, examining vehicle inspection records, and analyzing compliance with federal and state regulations. Experts, accident reconstruction specialists, and forensic engineers may be needed in order to determine fault.

Preventing Shifting or Falling Load Accidents

Preventing cargo-related truck accidents requires strict adherence to safety regulations, proper training, and accountability at every stage of the transportation process. Key preventative measures include:

Proper Loading and Securement

• Cargo should be evenly distributed within the truck’s trailer to maintain balance and prevent shifts during transit.
• The use of appropriate securing mechanisms, such as straps, chains, and tie-downs, is essential to keep the load stable.
• Drivers and loaders must follow Federal Motor Carrier Safety Administration (FMCSA) securement rules, which provide specific guidelines based on the type and weight of cargo.

Regular Inspections

• Pre-trip and post-trip inspections should be conducted to check for loose straps, improperly secured cargo, or signs of shifting loads.
• Drivers should inspect their loads at least once every 150 miles or every three hours, per FMCSA requirements.
• Any necessary adjustments should be made promptly to prevent cargo displacement.

Driver Training and Compliance

• Truck drivers should receive specialized training on securing different types of cargo, including hazardous materials, oversized loads, and perishable goods.
• Training should cover how to detect early signs of cargo shifting, such as unusual vibrations, leaning trailers, or changes in vehicle handling.
• Compliance with FMCSA regulations and state-level commercial vehicle laws is crucial in preventing avoidable accidents.

Use of Advanced Technology

• Electronic Stability Control (ESC) and Automatic Load Sensors can help monitor cargo balance and alert drivers of potential load shifts.
• Dash cameras and telematics systems can provide real-time data, helping fleet managers ensure that trucks are operating safely.

Legal Rights of Victims in Cargo-Related Truck Accidents

Victims of accidents caused by shifting or falling truck cargo have legal rights and may pursue compensation for their injuries. The process typically involves:

Filing a Personal Injury Claim

Victims injured in truck accidents may seek compensation through a personal injury lawsuit against the responsible parties. Recoverable damages include:

• Medical expenses (emergency treatment, surgeries, physical therapy, and rehabilitation)
• Lost wages due to the inability to work during recovery
• Pain and suffering, including emotional distress and reduced quality of life

Wrongful Death Claims

If a shifting or falling load accident results in a fatality, the deceased’s family may file a wrongful death claim to seek compensation for:

• Funeral and burial expenses
• Loss of income and financial support
• Loss of companionship and emotional suffering

Proving Negligence

To hold a party liable after a trucking accident caused by unsecured cargo, a victim must establish:

1. Duty of care – The defendant had a legal obligation to transport and secure cargo safely.
2. Breach of duty – The defendant failed to follow safety regulations or acted negligently.
3. Causation – The unsecured load directly led to the accident.
4. Damages – The victim suffered measurable harm as a result.

Contact the Top-Rated Illinois Truck Accident Lawyers at John J. Malm & Associates

Shifting or falling loads are a serious hazard on roadways, endangering truck drivers and other motorists. Despite existing federal and state regulations, cargo-related truck accidents continue to cause injuries, fatalities, and property damage.

By enforcing proper loading and securement protocols, holding negligent parties accountable, and ensuring that victims receive fair compensation, the legal system plays a crucial role in promoting road safety. If you or a loved one has been injured in a shifting or falling load accident, contact John J. Malm & Associates for a free consultation. Our dedicated Illinois trucking cargo injury attorneys can help protect your rights and secure the compensation you deserve.