Loose Freight Accidents
Dockworkers, truck drivers, and truck company managers have a responsibility to make sure that their freight is sufficiently secure to prevent loose freight from causing damage in the event of an accident. According to section 393.102 of the Federal Motor Carrier Safety Administration (FMCSA) regulations, cargo securement devices and systems must be capable of withstanding three forces, each applied separately. These forces include deceleration moving forward, acceleration moving backwards, and acceleration moving laterally or when struck from the side.
“Securement systems must provide a downward force equivalent to at least twenty percent of the weight of the cargo” Section 393.102(b)
Tabor Law provides experienced, aggressive representation for people injured in loose freight accidents. We have the experience necessary to investigate truck accidents to determine whether shifting freight caused the accident, or whether your injuries could have been reduced or avoided if the freight had been secured according to regulations.
A Note to Commercial Truck Drivers
Loose freight accident injuries can end your commercial driving career. In many cases, truck operators don’t load the freight they are hauling, and are severely injured when unsecured products cause accidents on the road. When hazardous materials are being hauled, it is even more critical that freight be secured and marked according to regulations. Truck and freight companies have legal obligations to protect you from accidents caused by improperly secured freight. Although we are not a workers’ compensation law firm, we represent professional truck drivers injured in accidents caused by industry negligence. We can help you. Contact us to schedule a free consultation about the circumstances of your accident and injuries.
Case Study
Robert Ferman v. Plastic Crafts, Inc., et. al.
On April 18, 1996, a semi-tractor trailer owned by Plastic Crafts, Inc in Elkhart, Indiana was on its way to pick up plastic materials for transport back to the plant in Richmond, Indiana. Agents and employees of the Defendant Plastic Crafts filled boxes with scrap plastic and then loaded and stacked the boxes in the semi-trailer. The boxes weighed between 76 lbs. and 603 lbs. each. When the driver, Robert Ferman returned to his plant with the loaded semi-trailer, he attempted to open the door, which was forced open by an avalanche of plastic scrap. Robert was engulfed by the scrap and thrown to the ground. He sustained serious and permanent disabling injuries. The Defendant Plastic Crafts was careless and negligent in the way it loaded the semi-trailer with the boxes of scrap plastic, packaging the load in an unsafe manner' loading the cargo itself in a haphazard fashion; negligently securing or failing to secure the load; and failing to load and secure the load in a safe manner consistent with the driver's requests. Tabor Law Firm successfully represented Robert Ferman in a personal injury claim against the shipper Plastic Crafts.