Improperly secured or shifting cargo poses a serious threat on the road, often leading to catastrophic truck accidents. Unrestrained cargo can destabilize a truck, causing dangerous incidents like jackknifing, rollovers, or complete loss of control.
Loads that are particularly heavy or uneven, such as large machinery, concrete pipes, or metal coils, significantly increase these risks. In severe cases, unsecured cargo may spill onto the roadway, creating hazardous conditions and endangering the safety of other drivers.
At Fisher & Talwar, we specialize in cases involving accidents caused by improperly secured cargo. Our attorneys conduct in-depth investigations into cargo handling practices, uncovering violations of federal regulations and industry standards. With this detailed approach, we ensure that all negligent parties—whether drivers, trucking companies, or loaders—are held accountable for the harm their actions cause.
FMCSA Commodity-Specific Securement Standards in Trucking Cases
The Federal Motor Carrier Safety Administration (FMCSA) has detailed securement requirements designed to reduce risks from shifting cargo. Violations of these rules are often critical in determining liability for truck accidents. Understanding and applying these regulations is key to building a strong case.
Detailed FMCSA Securement Requirements
The FMCSA’s rules specify securement procedures for various commodities, particularly those that are difficult to stabilize. These requirements aim to prevent cargo from shifting, rolling, or becoming unstable.
Key Commodity-Specific Securement Rules
393.116 – Logs
- Bundled Logs: Logs secured with bands follow general rules.
- Small Loads: Up to four logs can be transported under general guidelines.
- Short Logs or Debris: Must be enclosed to prevent shifting.
393.118 – Dressed Lumber and Building Products
- Bundled items such as lumber and plywood must be secured properly. Unbundled items follow general securement rules.
393.120 – Metal Coils
- Coils exceeding 5,000 lbs require specific securement; smaller coils may follow general rules.
393.122 – Paper Rolls
- Paper rolls over 5,000 lbs must be securely fastened to avoid shifting.
393.124 – Concrete Pipes
- Pipes transported on flatbeds must meet unique securement rules unless rigidly bundled.
393.126 – Intermodal Containers
- Containers must be secured to the chassis, with internal cargo secured per regulations.
393.128 – Automobiles, Light Trucks, and Vans
- Vehicles under 10,000 lbs follow specific securement rules to prevent movement.
393.130 – Heavy Vehicles and Machinery
- Machinery over 10,000 lbs must meet securement standards for heavy equipment.
393.132 – Flattened or Crushed Vehicles
- Specific rules apply to vehicles flattened for transport, while accident-damaged vehicles follow general rules.
393.134 – Roll-on/Roll-off Containers
- These containers have detailed securement standards unless transported on hoist equipment.
393.136 – Large Boulders
- Rocks over 11,000 lbs require unique securement measures.
Proving Liability in Cargo-Related Truck Accidents
When accidents are caused by improperly secured cargo, proving violations of FMCSA standards is critical. Evidence such as securement records, eyewitness testimony, and expert analysis can demonstrate negligence. At Fisher & Talwar, our skilled attorneys use these tools to build strong cases for our clients, ensuring accountability for all responsible parties.
Why Choose Fisher & Talwar for Your Truck Accident Case in Santa Ana
Fisher & Talwar adopts a meticulous approach to every truck accident case, employing advanced investigative techniques to secure favorable outcomes. Here’s how we help you:
- Acquiring Video Evidence: We obtain footage from dashcams or officer body cameras to provide a clear picture of the events.
- Analyzing GPS Data: GPS records reveal vital information about the truck’s route, speed, and driving hours.
- Scene Documentation: Experts photograph and measure accident sites to reconstruct events.
- Eyewitness and Officer Accounts: Firsthand testimonies add valuable context and credibility.
- Accident Reconstruction: Using specialists, we create detailed reconstructions to understand the sequence of events.
- Cell Phone Record Subpoenas: We investigate possible distracted driving through phone usage records.
- Hours of Service (HOS) Reviews: Analyzing HOS and ELD data helps uncover driver fatigue or hour violations.
- Maintenance Record Analysis: Maintenance logs reveal if negligence in upkeep contributed to the accident.
- Tire Inspections: We assess tire conditions to determine whether defects played a role.
- Cargo Documentation Review: Examining bills of lading helps identify overloading or improper securement.
Each of these steps strengthens your claim, providing detailed evidence to hold negligent parties accountable.
Contact Fisher & Talwar Today
If you or someone you love has been injured in a truck accident in Santa Ana, don’t wait to seek legal help. At Fisher & Talwar, we are committed to fighting for your rights and securing the compensation you need to recover and rebuild your life.
Call us now at (213) 891-0777 or fill out a form to schedule a FREE consultation. Let our experienced attorneys stand by your side, delivering the skilled and compassionate representation you deserve.