New York Load Shift Accident
There are many reasons that a large truck such as a semi, 18-wheeler or tractor trailer may be the cause of an accident. One such reason is that the load that the truck is carrying shifts because it was not properly secured. Shifting unsecured, overloaded or poorly secured loads can alter the truck's center of gravity resulting in a rollover truck accident or jack-knife accident. These types of accidents often have catastrophic results. Victims suffer serious injuries such as a brain injury, contusions, broken bones, internal injuries, amputations, paralysis, or spinal cord injury. Many truck accidents are fatal. If you were injured in a truck accident or a car accident caused by a problem with how the truck was loaded, it is important that you immediately contact a New York Load Shift Accidents Lawyer as you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering through a personal injury claim. In addition, if during the course of the treatment for your injuries a doctor or other medical professional commits medical malpractice, the truck driver or trucking company may be required to compensate you for that as well.Load Problems
The Federal Motor Carrier Safety Administration (FMCSA) has strict rules regarding load securement. To prevent a load shift accident, truck drivers must be properly trained on the regulations and must be properly implement these requirements. According to the FMCSA, a truck driver must check the load during the pre-trip inspection and again after driving 25 miles. In addition, the truck driver must inspect the load every time he or she parks the truck. Unfortunately, all too often the proper securement devices are not provided or they are not used properly, resulting in load shift accidents.
Overloaded truck risks. Federal regulations require that the weight of a truck not exceed the truck’s gross vehicle weight rating (GVWR). The GVWR is calculated by taking into account several different factors, including the truck’s:
- Braking system
- Number of axels
- Quality of suspension
- Type of power train
One result of a truck being overloaded and overweigh is that the cargo is more likely to shift, making the truck difficult to handle.
Falling load risks. If a truck driver fails to properly tie his or her load in compliance with New York State and federal regulations, the following are the possible consequences:
- Strike a vehicle. A loose load can fall off onto a car traveling behind the truck.
- Force vehicle to swerve. A loose load can call off and force the driver of another vehicle
- Create dangerous road condition. Debris that has fallen onto a roadway can make the road wet, slick or in some other way dangerous.
Poorly secured load risks. If a large truck’s load is not properly secured or balanced, the driver of the truck may have a difficult time controlling the vehicle, leading to swerving. Also, a load that shifts because it was improperly secured can lead to a rollover or jackknife accident.Pursuing a Claim for Injuries Suffered in a Truck Accident
Truck accidents can be devastating to a victim as well as to the victim’s family. Because of the size and weight of large trucks, accidents can have catastrophic results. Truck accidents can lead to devastating injuries, and all too often, death. Through a personal injury lawsuit, New York law allows you to hold the negligent party responsible for the losses you suffered. Victims who suffer serious injuries in truck accidents have significant medical bills. In addition, because victims of serious injuries often have to miss a great deal of work or are unable to return to work at all, victims have the right to sue for lost wages and loss of earning capacity.
If your loved one was killed in a truck accident, you may be able to pursue damages in a wrongful death lawsuit.New York Load Shift Accidents Lawyer
If you were seriously injured in a truck accident because the truck was overloaded or improperly loaded it is important that you immediately contact an experienced truck accident attorney as you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. Contact Stephen Bilkis & Associates, PLLC to discuss the details of your case. Our staff is experienced in handling claims resulting from truck accidents, as well as SUV accidents, car accidents, and motorcycle accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.