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Call Don Singleton
(770) 889-6010

Atlanta Improperly-Loaded Cargo Accident Lawyer

An average of around 70% of all domestic tonnage shipped is transported by truckers, which amounted to about 11.46 billion tons of freight in 2022. With so much product being transported by semi-trucks every day, it makes sense that errors happen from time to time in the loading process.

Unfortunately, what may seem to be a minor loading error could easily turn into a massive disaster and even cause a fatal accident if that cargo unexpectedly shifts mid-drive. To make matters worse, truck drivers might not be the only individuals impacted by an improperly-loaded cargo crash.

If you’ve recently experienced an accident that you think could’ve been caused by improperly loaded cargo, then it’s important to promptly get informed regarding your legal rights and options. In most cases, consulting with a cargo truck accident lawyer will help you in determining your best path forward. Learn more about these types of accidents, what causes them, and who is responsible for paying for the losses associated with them below.

Car collision with a truck

What is an Improperly-Loaded Cargo Accident?

Trucks are designed to carry and transport massive loads over huge distances, but in order for the whole operation to go smoothly, the cargo has to first be loaded and secured properly. If it’s not, then an unexpected movement along the ride could lead to a crash.

An improperly-loaded trucking accident happens when the cargo causes the truck driver to lose control of their vehicle. This can cause the vehicle to tip over, swerve, or collide with other vehicles. An improperly loaded trucking crash can also happen when the cargo becomes unhinged or gets disconnected and another vehicle slams into it.

Common Causes of Improperly Loaded Cargo Accidents

These types of trucking accidents happen when cargo isn’t appropriately packed into a truck, which later leads to a crash. Trucking cargo should be packed in a way where the weight is evenly distributed throughout the trailer. Any negligence during this step could prove costly later. Here are a few of the most common loading errors that lead to accidents:

• Failure to properly balance cargo

• Overloading the cargo making the truck unsteady

• Not properly distributing the cargo’s weight

• Failure to properly train the individuals on how to pack cargo

• Failure to secure the cargo

Understanding Liability in Improperly Loaded Cargo Accidents

If you get involved in an accident that was caused by improperly loaded cargo and you suffer significant losses, then filing a claim may be complicated. You’ll first need to identify who could potentially be liable and who was ultimately negligent in packing the cargo.

Sometimes, the responsible party is a third-party cargo packing company that was hired to load the truck. Some truckers are independent contractors who are personally responsible for loading their own cargo, so in these cases, the truck driver could be liable. In other cases, the trucking company that employs the driver is responsible for packing the cargo.

Considering how many potentially liable parties there are in these situations, it’s often best to consult with an Atlanta cargo truck accident lawyer about what happened. They’ll work with you to determine who should be held responsible.

The Aftermath of Cargo Accidents: Personal and Legal Repercussions

Since cargo accidents can lead to significant losses, there are consequences for the liable party. The person or party who was responsible for the cargo loading failure will be held legally and financially responsible for the financial loss associated with the crash. It’s important to consult with a cargo truck accident lawyer in the aftermath of your accident to ensure that you get a settlement award that properly covers your losses.

Victim of an Improperly-Loaded Cargo Accident? Here is What You Need to Do

The initial minutes after a serious trucking crash are clouded in confusion and uncertainty. You may be unsure of how to react, and even worse, you could be injured and unable to think clearly or properly advocate for yourself. Considering these facts, it’s important to know in advance how to handle these types of situations. Below, we’ll go over exactly what to do to ensure your physical health is protected and your legal rights are respected.

Seek Immediate Medical Attention

First, seek immediate medical care if you’re in distress. Don’t hesitate to call 911 if you think it’s warranted, and you need immediate care at the scene of the accident. If not, then it’s still advised that you go to the hospital soon after your crash to get a full physical.

Document the Scene with Photos

If you’re able to, then it’s also a good idea to start documenting the scene with photographs immediately after your crash. Photographs of the scene and the immediate aftermath can help future investigators piece together what happened and possibly help prove what caused the crash, too.

Retain All Documentation Related to Accident Expenses

After your hospital visit, be sure to keep a copy of all your medical documents, bills, and diagnosis reports. This documentation will be used as evidence to prove your claims later if you seek out a claim. Next, start keeping copies of all the accident-related expenses you incur, including property repair bills or statements from an employer showing how much income you’re losing.

Engage with Eyewitnesses for Their Accounts

Did anyone witness your crash? If so, then it’s a good idea to ask them to stay at the scene and provide their account to the police. If possible, then you might also want to get their contact details in case you want to use their statement as part of your claim later.

Consult with an Atlanta Improperly-Loaded Cargo Accident Attorney

If you’ve gone through all the steps above and realized that your losses are adding up, then it’s time to talk to a transportation lawyer to determine your options. The right attorney will help you navigate the process of filing your claim and work towards getting you the best possible settlement.

Exercise Caution in Accident-Related Communications

If you decide not to contact an attorney, then you’ll have to handle communications with insurance providers, adjusters, and possibly other agents. As you do so, be careful with what you say. Always keep in mind that what you say can be used against you. That said, it’s best not to discuss fault or the extent of your injuries in detail. Be clear and concise, but short with your answers.

When to Contact Improperly Loaded Cargo Accident Lawyer in Atlanta

You can handle your claim on your own without hiring a transportation lawyer. That said, it’s usually in your best interest to contact an attorney under certain circumstances, especially if you’ve been seriously hurt, you’re facing pushback from insurance companies, or the deadline for filing is approaching. In these situations, you can lean on your transportation lawyer’s experience and expertise to help you secure a fair settlement.

Are You Ready to Contact a Car Accident Lawyer in Atlanta?

When you’ve been involved in a trucking accident, you’ll likely need to take some time to physically recover from your injuries. In the meantime, your losses may start to stack up. You might be missing time off of work, coping with property damage, and handling other losses as a result of being unable to function at 100%.

If improperly loaded cargo was the leading cause of the accident, then you have recourse in Georgia. A cargo truck accident lawyer can help you leverage Atlanta’s laws to collect the compensation you’re entitled to receive.

Here at Singleton Law Firm, our team has plenty of experience dealing with trucking crashes that were caused by cargo loading errors. We know how to properly value your losses and negotiate with big trucking companies to secure your payout.

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