Unfortunately, large commercial truck accidents are all besides common. Florida has the 3rd highest charge per unit of measurement of fatal crashes involving large trucks inwards the United States,1 outnumbered solely past times California in addition to Texas.
Not all accidents related to commercial trucks genuinely involve the truck itself. Trucks haul all types of cargo across the province on a daily basis. If this cargo is unloosen or improperly secured, it tin flame autumn into the roadway in addition to practice a run a peril for the drivers behind the transporting truck. Loose cargo tin flame hitting nearby cars, causing at nowadays damage, or tin flame crusade other cars to swerve to avoid the flight debris in addition to crusade accidents in addition to farther indirect damage.
The Dangers of Unsecured Cargo
In social club to endure safely driven, trucks carrying large cargo must endure loaded carefully. The weight of the cargo must endure evenly distributed in addition to thence secured thence that the cargo does non shift or perish unloosen during transport. If the weight is non properly balanced, the truck may perish hard to command piece driving. Loose cargo shifting inside a truck tin flame crusade the vehicle to swerve inwards in addition to out of its lane in addition to tin flame severely throttle the driver’s might to drive inwards predictable ways. Loose or improperly balanced cargo also increases the likelihood that the truck could tip over. Finally, it is possible that cargo could perish unloosen in addition to autumn into the roadway, striking other drivers or causing them to swerve into traffic.
If unsecured cargo causes the truck to sway or tip over, or falls into the roadway itself, it is probable that nearby drivers volition endure unable to react inwards time. Accidents involving commercial trucks, particularly on highways or other high speed roads unremarkably results inwards a multi vehicle accident in addition to tin flame crusade serious injury or fifty-fifty death. In short, failure to secure cargo properly is an extreme security run a peril in addition to has the potential to crusade deadly accidents.
Florida Law
The State of Florida has enacted laws designed to foreclose accidents related to unsecured or improperly secured cargo. Florida Statute §316.5202 states:
A vehicle may non endure driven or moved on whatsoever highway unless the vehicle is thence constructed or loaded every bit to foreclose whatsoever of its charge from dropping, shifting, leaking, blowing, or otherwise escaping therefrom, except that sand may endure dropped solely for the operate of securing traction or H2O or other heart may endure sprinkled on a roadway inwards cleaning or maintaining the roadway.
The driver is required to brand certain that all cargo is properly loaded in addition to secured before taking off. This includes ensuring that all doors or miscellaneous unloosen items (other than cargo) are secured. The driver is also responsible for checking on the cargo at intervals during the trip, to ensure nil is coming unloosen or has shifted inwards a unsafe way.
Liability for Accidents Caused past times Unsecured or Loose Cargo
As noted above, Florida police specifically forbids driving a vehicle alongside improperly secured cargo on any Florida roads. But if someone does drive such a vehicle in addition to an accident occurs, who is liable?
The same department cited inwards a higher house places blame alongside both the possessor of the vehicle in addition to the driver. If failure to properly secure cargo results inwards “serious bodily injury or death”, thence the possessor in addition to the driver of the vehicle may endure charged alongside a criminal traffic criminal offense in addition to a minute score misdemeanor, punishable past times a fine and/or imprisonment non to transcend sixty days.
If this department is violated, merely no accident occurs, it is solely a noncriminal traffic infraction in addition to is punishable the same every bit other non-moving traffic violations.
Contact a Clearwater, FL Workers’ Compensation Lawyer Today for a Free Consultation!
If you lot convey been inwards an accident involving a semi-truck, contact a Clearwater personal injury attorney correct away. Accidents involving commercial vehicles tin flame endure much to a greater extent than complicated than an accident betwixt to private drivers. The trucking companionship volition convey attorneys on its side that specialize inwards treatment precisely this type of accident, thence you lot should convey a specialized attorney representing you lot every bit well.
To schedule a gratis consultation alongside a lawyer at the Dolman Law Group, telephone telephone our part today at 727-451-6900 or send us an e-mail through our online contact form.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765
727-451-6900
800 North Belcher Road
Clearwater, FL 33765
727-451-6900
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