Nashville Overloaded or Improperly Loaded Cargo Injury Lawyers
Accomplished representation for truck accident victims in Tennessee
Trucking companies must know the federal law, Tennessee rules, and the truck industry standards for how much cargo to load and how to secure the cargo. Truck drivers should understand how to drive when the cargo is filled, partially filled, empty, and when the cargo moves. At Rocky McElhaney Law Firm, we have recovered more than $250 million for our clients. Founder Rocky McElhaney has been named Nashville’s Best Attorney ten years in a row. Our Nashville truck cargo accident lawyers have the experience and resources to hold everyone responsible for your truck accident liable. We demand full compensation for all your personal and emotional damages. Call us now to assert your rights.
How can we help?
- What different types of cargo are commonly loaded into commercial trucks?
- Why are cargo shifts and spills dangerous?
- What laws govern the loading and securing of truck cargo?
- What causes truck overload accidents in Nashville?
- Who is responsible when cargo shifts and spills cause accidents in Nashville?
- What is the value of my truck overload/improperly secured cargo claim?
- Do you have a Nashville overloaded truck accident attorney near me?
"When I was a teenager, Dad got hurt. Insurance company wouldn't pay. We lost our house. But, Dad got a lawyer and we got justice. That's the moment I decided to become an attorney. As a lawyer, I have dedicated my life to helping injury victims."
~ Rocky
What different types of cargo are commonly loaded into commercial trucks?
Semis, rigs, tractor-trailers, flatbeds, and other commercial trucks regularly deliver consumer, business, and agricultural products to the Nashville, Tennessee region. According to Freightwaves, there are seven basic types of freight trucks that carry different types of cargo:
- Semi-trailers. These trucks (also called 18-wheelers, big rigs, and tractor-trailers) deliver all types of consumer goods and raw materials.
- Flatbed freight trucks. These trucks haul heavy machinery, oversized cargo, construction materials, vehicles, and even houses.
- Step deck trucks. This truck is an open trailer that is “specifically designed to haul tall and oversized cargo without additional permits.”
- Dry vans. Dry vans haul such things as pallets and boxed cargo – including “furniture, apparel, and non-perishable food.”
- Reefers (refrigerated trucks). These trucks carry food to Nashville’s grocery stores and warehouses. Reefers also carry chemicals, pharmaceuticals, and hazardous materials.
- Box trucks. Box trucks are used for local deliveries because they are easier to handle on small streets. Common types of box truck cargo include food and furniture.
- Tankers. Dry bulk tankers carry loose dry goods such as sand, grain, and sugar. Liquid tankers transport milk, gasoline, and other liquids and gasses.
Why are cargo shifts and spills dangerous?
Trucks that carry excess cargo and cargo that is not properly secured or distributed are dangerous because they make it much more difficult for a driver to control their truck, increasing the risk of rollovers, jackknives, and wide-turn accidents. Trucks are already much heavier than cars. The added weight of the cargo means that in any collision between a car and a truck, the occupants of the car will be even more likely (than without the cargo) to suffer catastrophic injuries, permanent injuries, and fatalities.
Cargo that spills creates an immediate danger for any vehicles nearby because the cargo can spill onto their vehicles or onto the road – striking the vehicles, causing the vehicles to drive over the cargo, or forcing them to steer into other lanes and possibly other vehicles or obstructions.
What laws govern the loading and securing of truck cargo?
At Rocky McElhaney Law Firm, we work with trucking experts who understand the full range of federal and Tennessee laws that regulate the weight of trucks and the proper securing of truck cargo.
Weight
Title 23 § 658.17 of the Code of Federal Regulations, has numerous weight requirements that state:
- A truck’s maximum gross vehicle weight shall be 80,000 pounds unless an exception applies
- The maximum gross weight upon any one axle should be 20,000 pounds.
Load securement regulations
The Occupational Health and Safety Administration (OSHA) has numerous regulations for the proper loading of cargo based on the type of cargo and many other factors.
The Federal Motor Carrier Safety Administration (FMCSA) also regulates many aspects of truck driving, including cargo.
Tennessee also has laws that regulate the weight of trucks, the weight on each axle, the width and height of trucks, the need for permits for trucks of excess weight or size, and other requirements.
What causes truck overload accidents in Nashville?
Our Nashville truck cargo accident lawyers work with the police, investigators, truck safety officials and experts to determine the cause of your accident. We also review black boxes and electronic logging devices to determine how long the driver was on the road, the speed of the truck, tire pressure, braking performance, and many other truck accident factors.
Our team also understands why cargo accidents happen and what precautions trucking companies and truck drivers should take. Some of the dangers of transporting cargo that trucking companies and drivers should anticipate include:
- Steering. Excess cargo and cargo that moves can make trucks unstable and more difficult to control. Overloading a truck can also make it more likely to roll over. Improperly distributed cargo increases the risk of a truck jackknife accident.
- Braking. The heavier a truck is, the more distance and time the truck needs to stop. Improperly distributed cargo and excess cargo can make braking more difficult and can cause brake failure. Heavy trucks generally require that the driver use more force to stop.
- More maintenance and repair. Cargo affects virtually every part of the truck, from the tires and brakes to the mechanical, electrical, and hydraulic systems, and requires more inspections and repairs.
- Operation in bad weather. Most commercial trucks already have difficulty increasing and decreasing speed, shifting lanes, and making turns. When the roads are wet, or there are high winds, the extra weight of the truck due to the truck cargo can increase the risk of a truck accident in Nashville.
- Tire blowouts. Too much cargo and shifting cargo places a lot of strain and stress on the truck’s tires, increasing the risk of dangerous tire blowouts.
Truck cargo accidents are often due to the following:
- Improper weight loads
- Improper securement of the cargo
- Poor cargo distribution
- Lack of education about the dangers of driving with cargo
- The many different reasons any type of truck accident happens, including speeding, driver distraction, driver fatigue, and drunk driving.
Who is responsible when cargo shifts and spills cause accidents in Nashville?
Our Nashville truck accident lawyers file claims against every driver and every trucking business responsible for your injuries or the death of a close family member. We file claims against the following defendants (depending on how the truck accident happens):
- The truck driver
- The employer of the truck driver
- The owner of the truck if they are different than the truck driver
- The company that loads the cargo
- The companies involved in arranging the shipment
- Maintenance and repair companies
- Other negligent drivers
- The manufacturers of defective truck parts, including the parts to properly load and secure truck cargo
What is the value of my truck overload/improperly secured cargo claim?
At Rocky McElhaney Law Firm, we demand compensation for all your current and future:
- Medical bills
- Lost income and lost benefits
- Pain and suffering
- Property damage
- Loss of bodily function
- Scarring and disfigurement
- Inability to enjoy life’s pleasures
- Loss of consortium
We also seek wrongful death damages when Nashville truck cargo accidents are fatal.
Do you have a Nashville overloaded truck accident attorney near me?
Rocky McElhaney Law Firm has two offices in Nashville. Visit us at 545 Mainstream Dr., Suite 105 or 615 Main Street, B21.
If you are too hurt to come to our offices, we make home and hospital visits when necessary. Our lawyers also consult with clients by phone and through online consultations.
We are ready to guide you each step of the way through this difficult time.
Get help from our experienced Nashville truck cargo accident lawyers today
If you have injuries from any type of truck accident, like a truck cargo accident, Rocky McElhaney Law Firm has the experience and resources to fight for all the compensation you deserve. We have obtained more than $250 million for our clients. Call us or complete our contact form to schedule a free consultation. In addition to our Nashville and East Nashville offices, we also have offices in Hendersonville, Clarksville, and Murfreesboro.