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Home > Personal Injury > Truck Accident > Negligent Cargo Loading

New York Negligent Cargo Loading & Truck Accident Lawyer

Large commercial trucks are an important part of commerce in New York and across the country. When they are operated improperly, however, they can be extremely dangerous to other motorists. Large trucks can be dangerous because there are so many steps involved in getting cargo from one point to another, and if anyone is negligent at any part of the process, a catastrophic accident is likely to result. Accidents may result from a lack of safety equipment, poor training, malfunctioning auto parts, or fatigued drivers. Just as easily, an accident might result from an imbalanced load, an overload, or an unsecured load, caused by the freight company or a third-party contractor. Improperly loaded trucks are likely to cause the driver to lose control on the road or to release unsecured cargo in the middle of the freeway, either of which can lead to serious injury.

If you or someone you care about has been hurt or killed in an accident caused by negligent cargo truck loading in the Hudson Valley area, or any other large truck accident in Kingston, Marlboro and Ulster or elsewhere in the Hudson Valley, contact a dedicated truck accident lawyer at Rusk, Wadlin, Heppner & Martuscello, LLP.  We will pursue your claims against freight companies, third-party contractors, negligent drivers, insurance providers, and any other parties who should be held responsible for compensating you and your family for your injuries, pain and suffering, medical expenses, and other legal damages.

How Does Negligent Loading Lead to a Truck Accident?

Commercial trucks are massive vehicles with a thousand moving parts. They are specially engineered to handle the enormous weight they are meant to carry, but operating them safely requires loading them properly. Failing to load trucks properly can drastically increase the risk of an accident.

  • Trucks have weight limits based on the type and nature of the vehicle, set by the manufacturers as well as by state law. Overloaded trucks can render it difficult for the operator to brake properly, increasing the likelihood of a collision. Overloads can cause the truck axles to malfunction, wresting control away from the driver. Overloading can also lead to decoupling, separating the trailer from the cab and leading to a jackknife accident or other accident involving the trailer.
  • Unbalanced loads. Truck cargo must be properly balanced and secured. When a load is unbalanced, for example if a liquid cargo load only partially fills a tanker trailer, the trailer becomes significantly more unwieldy. The cargo can slosh or move around, throwing the tank off balance and causing the trucker to lose control. A tank could become unsecured from the trailer, or the trailer might swing wildly from the cab and cause a jackknife accident. If the cargo is dangerous or flammable, such as gasoline, a fire or explosion could result.
  • Unsecured cargo. Cargo must not only be properly weighted but also secured to the trailer. When cargo is unsecured, it can become loose in the trailer and cause the truck to become unbalanced, making the truck more difficult to control. The trailer can swerve into oncoming traffic, jackknife, or tip over. Cargo can even fly free from the trailer and become a hazard for other drivers on the road.

Who is Liable When Negligent Cargo Loading Leads to a Wreck?

Truck accident claims can be complicated to pursue because there are always several parties involved. Even when the cause of the accident is known, such as if it was caused by improper loading, there can be a few different parties liable.

The seasoned truck accident lawyers at Rusk, Wadlin, Heppner & Martuscello, LLP have years of experience investigating truck accidents and identifying the right parties to hold responsible. Depending on the circumstances of the haul, any or all of the following parties may be at fault:

  • The company that owns the goods, if they loaded the truck
  • A third-party contractor that operates a storage facility or otherwise had possession of the goods and loaded the truck
  • The freight company
  • The truck manufacturer
  • The truck driver

Call a Seasoned New York Negligent Cargo Loading Lawyer for Help Recovering After Your Hudson Valley Truck Accident

For a free consultation on your possible commercial truck accident claim, contact the experienced truck accident attorneys at the New York personal injury law firm Rusk, Wadlin, Heppner & Martuscello, LLP, in Kingston at 845-331-4100 or in Marlboro at 845-236-4411.

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