Truck accidents, like other auto wrecks, typically result from careless or aggressive driving. For example, fatigued truck drivers may doze off behind the wheel. However, accidents involving commercial motor vehicles can also result from problems with the load and the equipment used to secure it. Lost load truck accidents in San Diego, CA, can cause serious injury or death.
The liability for a lost load typically falls on the trucking company. The San Diego truck accident lawyers at Pines Salomon Personal Injury Lawyers help truck crash victims pursue claims against the parties responsible for their accidents. Contact us today at (858) 551-2090 to schedule a free consultation with our San Diego personal injury attorneys.
How Pines Salomon Personal Injury Lawyers Can Help After a Lost Load Truck Accident in San Diego, CA
Pines Salomon Personal Injury Lawyers has represented truck accident victims in San Diego, California, for over 30 years. Our attorneys have over 80 years of combined experience holding at-fault trucking companies, their insurers, and sureties accountable. Since the firm’s founding, we’ve recovered more than $100 million in settlements and damage awards for our clients.
Our San Diego personal injury lawyers can provide the following services after you suffer an injury in an accident caused by a trucking company’s negligence:
- Discussing your crash and the options you have for seeking compensation
- Collecting the evidence needed to substantiate your claim
- Filing a claim with the trucking company’s insurers and sureties
- Negotiating a settlement and filing a lawsuit if settlement talks fail
A truck accident involving a lost load can cause injuries that require costly medical care and therapy. Contact us today to schedule a free consultation with a San Diego truck accident attorney and find out how we can seek damages for your injuries under California law.
How Load Loss And Cargo Shift Happen in San Diego
Cargo shift and loss can occur in many ways.
Carriers must load trailers carefully; if a load isn’t distributed evenly, a bump or turn could cause its center of gravity to shift too far in one direction, in which case the cargo may fall or the trailer may tip. Even if the load doesn’t fall from the trailer, the imbalance could cause the driver to lose control of the vehicle.
Loads can also fall or shift after an equipment issue. For example, the tiedowns or anchor points connecting the tiedowns to the trailer can fail. When they break, the loose load can shift or fall.
Additionally, a tire blowout can cause the trailer to tip. An improperly secured load can shift and either fall onto the road or cause the trailer to become unbalanced.
When a truck loses its cargo, crashes are virtually inevitable. The truck driver may swerve into other motorists, or the cargo may fall onto vehicles in adjacent lanes. Even if the cargo misses other vehicles, it can obstruct the road, leading to collisions as drivers brake and swerve to dodge it.
Liability for Lost Load Trucking Accidents in San Diego
The liability for loads that fall or shift during transit depends on a few factors. First, your lawyer must determine who was responsible for loading the truck. In many cases, the company operating the vehicle also loads the cargo. However, in some cases, the shipper loads cargo into the trailer or container carried by the trucking company.
Second, you must determine which party might have been responsible for the problem that led to the load shift or loss. For example, a shipper might bear the liability for a crash that happened when the cargo was unbalanced. Conversely, the trucking company might be responsible if the ties or anchor points were damaged or worn.
Finally, you must determine what, if anything, the driver and trucking company could have done to prevent the cargo problems. Federal law requires drivers to inspect their vehicles before departing and periodically during the trip to ensure that cargo is evenly distributed and secured. Even if the shipper improperly secured the cargo, the driver should catch the mistake.
Companies tend to be vicariously liable for employees’ negligence. Therefore, you can typically pursue a claim against the trucking company if the driver failed to identify cargo that wasn’t secured. Additionally, trucking companies are liable for their own negligence. If a company failed to repair broken anchor points on a trailer, it may be liable if the anchors malfunction.
How Long Do I Have to File a Lawsuit After a Lost Load Truck Accident in California?
In California, you generally have two years from the date of your accident to file a lawsuit for damages from the party that caused your crash. If you miss this deadline, you could lose your right to pursue compensation at all. That’s why it’s critical that you contact a lawyer as soon as possible after your wreck to ensure your rights are protected.
Contact Our San Diego Truck Accident Lawyers for a Free Consultation
Lost loads typically result from negligence in loading or inspecting a truck. Contact Pines Salomon Personal Injury Lawyers for a no-cost consultation with our San Diego truck accident attorneys to discuss your options for seeking damages from the party responsible for causing your losses.
