An overloaded truck or one in which the cargo is not properly secured can create an extremely hazardous condition leading to serious highway accidents. If you’ve been injured because of such a situation, you need a Houston improperly loaded truck lawyer to help you navigate this difficult process. Overloading beyond the truck’s weight limit makes the truck difficult to handle and can increase the risk of jackknifing or rolling over, especially on a curve. Cargo that is shifting inside the container can also make the truck unstable. Overloading an open truck, such as a flatbed or auto transport truck, creates a risk of cargo falling from the truck, either onto the roadway or onto another vehicle, if it isn’t secured properly.
The Federal Motor Carrier Safety Administration has set out to reduce the number of commercial truck accidents by implementing laws for the safe loading of trucks to prevent shifting cargo or falling objects from trucks that operate across state lines. These are a few examples:
Additional requirements apply to various specific types of loads, i.e. pipes, logs, and others.
It is essential that the attorney you choose to handle your case is thoroughly familiar with state and federal regulations, because proving a violation of the law is an effective way to show liability.
Preventing the contents of a trailer from falling out, or preventing the load from shifting, is an essential part of the truck owner or driver’s responsibility to protect others on the road from serious injury and death. Inspectors, mechanics, and loading companies also share in this responsibility. The Houston personal injury law firm of Gordon, Elias, & Seely, LLP, is a top choice when you’ve been injured or a family member killed in an accident caused by an overloaded truck.
Partners Steve Gordon, Todd Elias, and Jeff Seely have 60 years of combined experience in personal injury law in Texas and throughout the United States. They have a long record of obtaining substantial recoveries for thousands of injured clients, many of whom suffered catastrophic, life-changing injuries in truck accidents.
Our attorneys will quickly launch an investigation of your accident, examining logs, driver training and history, inspections, maintenance records, and loading information (because sometimes a separate company is responsible for loading the truck and may be liable if it was done improperly). We have the experience to determine all parties who may have liability for your accident.
When necessary or in your best interest, we will bring in accident reconstruction and trucking industry experts to assist us in determining all factors and all parties that shared in the responsibility for the safe condition of the truck.
We will gather your medical records, employment records, and proof of other accident related out-of-pocket expenses, and will also document your non-economic damages: physical and mental suffering, lasting pain, disability and disfigurement, and damage to many aspects of your quality of life.
In a few cases, we will pursue punitive damages against companies that are consistently and knowingly risking people’s lives and health by cutting corners and allowing dangerously overloaded trucks on the road. Punitive damages can serve as a deterrent to this dangerous behavior in the future and thereby save lives.
Call Gordon, Elias & Seely, LLP as soon after your truck accident as you can manage. Time limits apply, and if you wait too long you could lose your right to a recovery.
Call today to schedule a free consultation. If we agree to represent you, we will sign a contingency fee retainer, so you never pay anything until your recovery check arrives. In some cases, we can advance you money, interest free, to help with living expenses and medical bills, pending the resolution of your case.