New Jersey Lost and Improperly Secured Load Accident Law
Written by: Brach Eichler Injury Lawyers Last Updated : August 31, 2023

New Jersey Lost and Improperly Secured Load Accident Attorney

When large trucks transport items, someone is legally responsible for ensuring those loads are properly secured. If they aren’t, they can create a safety hazard for other drivers on the road.

Sometimes, loads fall over and cause the truck to become lopsided and imbalanced, making it difficult for the driver to control the truck. Flatbed truckloads can become loose and fall onto the road, creating hazards for other drivers and potentially causing wrecks.

If you’re the victim of a crash caused by a lost or improperly secured load on a large commercial truck, you may be owed significant compensation for your injuries and damages. A New Jersey truck accident attorney can help you. The lawyers at Brach Eichler Injury Lawyers have valuable truck accident law experience and can evaluate your case’s details.

We’ve recovered hundreds of millions of dollars in damages for accident victims in New Jersey. Call us today at (973) 364-8300 to schedule a free consultation regarding your lost or improperly secured truckload accident.

How Improperly Secured Loads Can Cause Accidents

Large commercial trucks often transport loads that weigh tens of thousands of pounds. When those loads are improperly secured, they can shift in transport and cause an imbalance in the truck’s trailer. When the center of gravity changes quickly, the truck can overturn, or the driver may lose control and cause a crash.

Failure to properly load a large commercial truck in New Jersey and secure the cargo can lead to catastrophic truck accidents like jackknifing or rollovers. If the load is on a flatbed truck, the improperly secured cargo could topple off the trailer into traffic, causing property damage or other accidents on the road.

These types of accidents can lead to serious injury or even death, especially when the trucks travel at high rates of speed on an interstate. Types of large trucks that can be improperly loaded include:

If a load of hazardous materials spills, it can cause severe damage to both vehicles and their occupants. Caustic or explosive loads can cause damage to the road itself and surroundings through fires or leaks.

Who Has Responsibility for Ensuring a Truck’s Load Is Secure

According to the Federal Motor Carrier Safety Administration (FMCSA), truck cargo must be secured with strong methods to hold down the tonnage of the load. This may include using tie-downs, inflatable bags that fill in any spaces in the trailer, shoring bars, or a combination of these methods. If cargo is likely to roll, such as a large concrete culvert, it must be secured with methods that will hold it in place and prevent it from rolling or coming loose.

The regulations set forth by the FMCSA address how to secure different materials, including lumber, metal, paper, shipping containers, concrete pipes, vehicles, heavy machinery, and more. All trucking companies, officers, and employees responsible for operating large commercial trucks or training and hiring those drivers must follow these regulations.

What to Do If You’re Involved in an Accident Caused by Lost Truck Loads

If you are in a crash caused directly or indirectly by a lost truckload, you can take these steps immediately following the incident:

  • Contact 9-1-1 if you can. If you’re not injured severely and can get to your phone, call 9-1-1 first so that the police officers, paramedics, and firefighters can arrive at your location as soon as possible. If you don’t require medical attention at the scene, go to a doctor. It’s vital to seek medical attention quickly to check for invisible injuries, internal bleeding or concussions. It will also help substantiate any personal injury claim you make.
  • Collect any applicable evidence. This may include witness statements from anyone who saw the crash, photos of the accident, or any potential security camera footage. These can back up your claim against the truck driver or trucking company. Your lawyer can help you gather evidence from the trucking company and other sources.
  • Contact a truck accident lawyer. Contact a truck accident lawyer who can evaluate your case and provide legal advice about what you need to do following the accident.

Types of Injuries You May Sustain in a Lost Load Accident

Trucks often lose their loads while traveling at high rates of speed on interstates or state highways. When that happens, the effects can be catastrophic, especially when there’s heavy traffic on the road. Part of the load may fall onto other cars. Other vehicles may slam into those, and a chain reaction can be set off, causing multiple injuries such as:

Many of these injuries may change your life forever or leave you unable to resume your normal job duties. If someone else caused the crash, you shouldn’t have to stress about the financial burden that these injuries create. A truck accident lawyer will seek the maximum compensation that you deserve on your behalf.

Reasons to Contact a Lawyer After a Lost Load Accident

If you’re in a lost load accident and suffered damages, you should contact a lawyer with experience in lost loads and truck accidents. A qualified attorney will assess the particulars of your case and know the best way to proceed.

With a lost or improperly secured load, multiple entities may be involved and potentially liable for the crash, including the driver, company, and those who packed the load. Your lawyer will investigate which third parties to involve in the claim.

Once you hire a lawyer from Brach Eichler Injury Lawyers to handle your case, they’ll take over all communication with your insurance company, the truck driver’s company and the truck company’s insurance to negotiate for a full, fair settlement on your behalf.

You don’t need to worry about putting together a legal claim while you recover from the accident and the injuries you sustained. Your attorney will coordinate compiling evidence, talking to witnesses, and more for you.

New Jersey has a 2-year statute of limitations for personal injury cases. Your attorney will ensure your claim or potential lawsuit begins in time so you don’t lose your right to compensation.

New Jersey Negligence Laws

To file your claim, your lawyer must prove that you had 50 percent or less of the responsibility for the lost load accident that caused your injuries. New Jersey follows comparative negligence laws, which assigns a percentage of the blame for the accident to each person involved.

So long as your lawyer can prove that you had 50 percent or less of the responsibility for the accident, you will be eligible to seek damages for the incident. If you’re found partially liable, your settlement or judgment will be lessened by that percentage. So, if you’re found 10% liable, your compensation will be 90% of the maximum.

Types of Compensation You Might Be Owed

When you or a loved one is involved in an improperly secured truckload accident, you might be able to seek certain types of compensation. These include:

  • Loss of wages: Recovering from an accident takes time, which means you may lose wages at work. You may be able to recoup those wages.
  • Future earning potential: If your injuries were severe, you might not be able to return to your old job after the accident. You may be compensated for future earning potential or the salary you could lose due to the accident.
  • Medical costs: Being in a severe accident can lead to high medical costs and the attending financial burden. You may be reimbursed for hospital stays, surgeries, doctor visits, prescription medicines, rehabilitation costs, etc.
  • Personal property damages: You can also be compensated for the damages your car sustained.
  • Pain and suffering: We can seek compensation for your pain and suffering once negligence is proven.
  • Loss of support: If you lost a partner or spouse due to an improperly secured load, you may be entitled to compensation for loss of their support and income.
  • Wrongful death: An attorney can help you file a wrongful death claim if you lost a loved one in a lost load accident.

You May Be Entitled to Compensation If You Sustained an Injury in a Lost Load Accident. Call Us Today.

At Brach Eichler Injury Lawyers, we have recovered over $200 hundred million in damages for our clients who sustain injuries from truck accidents. Don’t lose your right to compensation from the reckless parties that hurt you.

You could be entitled to compensation if you or a loved one were injured in a lost load or improperly secured load accident. Call us today at (973) 364-8300 for a free initial consultation.

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