Loose cargo accidents are among the most dangerous hazards on the road. When improperly secured cargo falls from a vehicle or shifts unexpectedly, it can lead to catastrophic accidents involving severe injuries or even fatalities.
If you’ve been involved in an accident caused by loose cargo in Illinois, you may be entitled to compensation for your injuries and damages. Here’s what you need to know about pursuing a claim and protecting your rights.
The Dangers of Loose Cargo
Loose cargo can create hazardous conditions in several ways. Common scenarios include:
- Falling Cargo: Items falling off trucks or trailers can strike vehicles or block roadways, causing drivers to swerve or collide.
- Shifting Loads: Improperly secured cargo can shift within a truck, making the vehicle unstable and increasing the risk of rollovers.
- Debris Hazards: Smaller pieces of cargo or packaging can scatter across the road, creating obstacles for drivers.
These accidents often result in serious injuries, such as traumatic brain injuries, spinal cord damage, fractures, and lacerations. In the most tragic cases, they can lead to fatalities.
Who Is Liable for Loose Cargo Accidents?
Determining liability in a loose cargo accident requires identifying who was responsible for securing the load. Potentially liable parties include:
Truck Drivers and Owners
Drivers and truck owners are legally obligated to ensure that cargo is properly loaded and secured before transporting it. Federal regulations set specific requirements for securing loads, including using straps, tie-downs, or covers to prevent items from shifting or falling. Failure to follow these rules can constitute negligence.
Cargo Loaders
A separate company or team is often responsible for loading the cargo. If loaders fail to secure items correctly, they may share liability for resulting accidents.
Trucking Companies
Trucking companies can be held accountable if they fail to enforce proper loading and safety procedures. They may also be liable for hiring unqualified drivers or providing inadequate training.
Manufacturers or Shippers
If defective packaging or faulty equipment contributed to the cargo becoming loose, the manufacturer or shipper may be partially responsible for the accident.
Evidence Needed to Prove Your Case
To recover compensation, you must prove that negligence led to the accident. Strong evidence is essential and may include:
- Accident Reports: Police reports documenting the crash can provide critical details about how the accident occurred.
- Photographs or Videos: Images of the accident scene, cargo debris, or vehicle damage can help establish liability.
- Witness Statements: Testimony from other drivers or bystanders can corroborate your account of the accident.
- Maintenance and Loading Records: Trucking companies’ logs may reveal whether proper loading procedures were followed.
- Expert Analysis: Accident reconstruction experts can analyze the scene and determine how the loose cargo contributed to the crash.
Damages You May Be Entitled To Recover
If you’ve been injured in a loose cargo accident in Illinois, you may be eligible to recover compensation for:
- Medical Expenses: This includes emergency care, surgeries, rehabilitation, and ongoing treatments.
- Lost Wages: If your injuries prevent you from working, you can seek compensation for lost income and diminished earning capacity.
- Property Damage: Repair or replacement costs for your vehicle and any other damaged property.
- Pain and Suffering: Non-economic damages for physical pain, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In cases involving gross negligence, courts may award punitive damages to deter future misconduct.
At Stein & Shulman, LLC, we have extensive experience representing clients injured in loose cargo accidents throughout Illinois. Our team is dedicated to holding negligent parties accountable and getting you the maximum compensation you deserve. Contact us today so we can start working on your claim.
