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Truck accidents can cause devastating injuries, especially when unsecured cargo is involved. Texas highways are busy with commercial trucks transporting goods across the state and other regions. When cargo isn’t properly secured, it creates a serious risk for others sharing the road.
How Does Unsecured Cargo Cause Truck Accidents?
Unsecured or improperly loaded cargo can cause accidents in several ways, including the following:
- Cargo spills: If items fall off a truck, they can impact moving vehicles or create road hazards, causing collisions.
- Shifting loads: When cargo shifts during transit, it can cause the truck to become unbalanced, increasing the risk of rollovers and jackknife accidents with disastrous consequences.
- Overloaded trucks: Excess weight from overloaded cargo makes it harder for trucks to brake or steer when an emergency arises.
- Flying debris: Small items like construction materials or equipment can fly off the truck and hit nearby vehicles, causing severe injuries to innocent drivers and passengers sharing the road.
Trucking companies, drivers, and the firm that loaded the truck are responsible for ensuring correctly balanced and secured cargo. Failures can cause dangerous or deadly truck accidents to occur.
Who Is Liable for Unsecured Cargo Accidents?
Determining liability in unsecured cargo accidents requires a full investigation into the facts. Engaging an experienced truck accident lawyer who can navigate these challenges is essential. Multiple parties may share responsibility in an unsecured cargo accident, including:
- Truck drivers: If the driver fails to ensure the truck is loaded properly.
- Trucking companies: If the company fails to ensure cargo loading is correctly performed.
- Cargo loading firms: If third-party loading companies improperly loaded or secured the cargo.
- Manufacturers: If defective straps, tie-downs, or equipment failures contributed to the accident.
A skilled personal injury lawyer can investigate the accident, gather and preserve evidence, and identify all responsible parties to seek full compensation.
What Are Common Injuries in Unsecured Cargo Truck Accidents?
Unsecured cargo accidents can cause severe injuries due to the unpredictable nature of flying debris and sudden collisions. Common injuries include:
- Traumatic brain injuries from falling objects or debris
- Broken bones from high-impact crashes
- Head and neck injuries from abrupt stops
- Cuts and lacerations from contact with falling cargo or vehicle collisions
- Spinal cord injuries from high-impact crashes
These injuries often require long-term medical care and will significantly impact a victim’s quality of life. Seeking immediate medical attention and legal representation is essential to protect your health.
What Compensation Can You Recover After an Unsecured Cargo Accident?
If you or someone you love was injured in a truck accident caused by unsecured cargo, you may be entitled to compensation for:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation
- Future medical treatments and care
Types of Compensation in Unsecured Cargo Accidents
Under Texas law, victims of truck accidents caused by unsecured cargo may be eligible for compensation in three categories:
- Economic Damages: These damages have a direct monetary value. The costs of medical treatment, transportation, medications, lost income from work, reduced earning capacity, and estimated future financial losses are considered economic damages.
- Non-Economic Damages: These damages are more difficult to quantify but are equally important. These are more intangible losses, such as emotional trauma, pain and suffering, and loss of consortium. The value of these damages is estimated based on the impact on the quality of life of the injured person.
- Punitive Damages: In cases of egregious misconduct or extreme negligence, the court may award punitive damages. These damages are awarded to punish the defendant for their actions and deter similar actions.
What Safety Regulations Govern Securing Cargo?
Both federal and state laws set strict standards for securing cargo on commercial trucks. The Federal Motor Carrier Safety Administration (FMCSA) outlines specific requirements for loading, securing, and inspecting cargo before transport. These rules include:
- Using appropriate tie-downs, straps, and chains
- Covering loose materials with tarps
- Regular cargo inspections during long hauls
- Weight distribution limits to prevent overloading
When trucking companies or drivers shortcut the regulations, they can be held liable for the resulting accidents. A knowledgeable personal injury attorney can review the accident details to determine if safety violations occurred.
How Long Do You Have to File a Claim in Texas?
Personal injury claims from truck accidents in Texas are subject to the two-year statute of limitations under Texas Civil Practice & Remedies Code § 16.003. The law allows two years from the accident date to file a lawsuit in civil court. Gathering evidence, investigating liability, and negotiating with insurance companies can take time—so it’s best to start the legal process as soon as possible. In many cases, a settlement can be negotiated without taking the case to civil court.
Working with an experienced law firm like The Kahn Law Firm, P.C. ensures your claim is managed with top-tier legal skills so you can focus on your recovery.
Why Hiring a Lawyer Is Crucial After an Unsecured Cargo Accident
Navigating the aftermath of a truck accident caused by unsecured cargo is stressful and concerning, especially after a serious injury or the loss of life. Hiring an experienced truck accident attorney is essential to ensure you receive the full compensation you deserve. Here’s how a skilled lawyer from our team at The Kahn Law Firm, P.C., can help:
- Investigating the accident: We will thoroughly investigate the accident to determine liability. Our actions will include gathering evidence such as police reports, witness statements, accident scene photos, and resources such as accident reconstruction experts. We will work to identify all parties responsible for the unsecured cargo, including the truck driver, the trucking company, or third parties.
- Handling insurance companies: Insurance companies often try to minimize payouts, using various tactics to attempt to reduce the value of a claim. Our truck accident attorney will manage all communications with insurance companies, protecting you from pressure or manipulation and ensuring all damages are vigorously pursued.
- Navigating complex legal procedures: Truck accident claims in Texas may involve state and federal regulations. Our law firm is very familiar with Texas and federal trucking regulations.
- Calculating the actual value of your claim: Many accident victims underestimate the full extent of their damages, particularly regarding non-economic damages such as pain and suffering. Our personal injury lawyers will assess the complete range of your injuries and losses, including long-term medical expenses, emotional distress, lost wages, and more, to ensure your claim reflects the full impact on your life and future.
- Fighting for maximum compensation: Our experienced personal injury lawyers know how to fight for maximum compensation. Whether through negotiation or by taking the case to trial, our attorneys will advocate for your rights and work to secure a fair settlement or verdict.
- Providing peace of mind: Having a lawyer on your side offers peace during a stressful and difficult time. We will handle the legal matters, allowing you to focus on your recovery and be confident that your injury claim is in good hands.
Why Choose The Kahn Law Firm, P.C.?
At The Kahn Law Firm, P.C., we know how devastating truck accidents can be. Our husband-and-wife legal team has over 20 years of experience helping injured clients across Pearland and Texas recover compensation. As a boutique law firm that offers compassionate service, we provide personal attention to every case—we know you’re much more than just a case number. As a Christian law firm, we believe every client deserves the dignity, respect, and care we would provide to members of our extended family.
We work hard to hold trucking companies accountable and fight for the maximum compensation you deserve. We provide free consultations and work on a contingency fee basis, meaning you won’t pay anything unless we win your case.
If you were injured in a truck accident caused by unsecured cargo, contact The Kahn Law Firm, P.C., at 713-999-6549 to schedule your free consultation. We will fight to help you achieve justice and full compensation.
