Oklahoma City Cargo Spills Truck Accident Attorney

Trucking crashes happen every day all across Oklahoma, and most of the time driver error is the culprit. Whether it’s a careless trucking company pushing a driver to drive long after he is exhausted or a truck driver trying to speed to save time and make a delivery, human error is always a significant concern.

However, there are other types of negligent conduct that can lead to a trucking accident, with many of these mistakes actually taking place long before the driver ever gets behind the wheel. One example is improperly loaded truck cargo.

At Cain Law, we have years of experience holding the trucking industry accountable when people are seriously injured in crashes. So if you or a loved one has been injured due to a due to cargo shifting, please contact our law firm about your rights today.

How Cain Law Can Help After a Cargo Shift or Spill Truck Accident in Oklahoma City

Cain Law uses decades of legal experience to fight for fair outcomes in truck accident and other personal injury cases. We conduct a thorough investigation, review accident reports, gather evidence, and prepare a compelling personal injury claim. We never lose sight of the person behind the claim and do everything within our power to secure a fair outcome.

One satisfied client had the following to say about working with us:
“This team is phenomenal, and my wife and I couldn’t have asked for a better lawyer or outcome. Thank you all for all of the hard work. Definitely recommend!”

Our successful results echo these sentiments, which include:

• $1.7 million for a mild traumatic brain injury (TBI) settlement involving a commercial motor vehicle
• $1.6 million in a semi accident resulting in orthopedic injuries and a mild TBI
• $1.5 million for a wrongful death rollover crash
• $1.25 million in a settlement for a contested wrongful death claim involving a rollover crash

Causes of Truck Cargo Accidents in Oklahoma City

A lot of things can cause a load to shift in a tractor-trailer combination vehicle. Here are just a few examples:

• Tired drivers – A driver who is fatigued, exhausted, or simply drowsy may succumb to the desire to cut corners. Some cargo is loaded by the driver, while other loads are simply drop hooks. Drop hook means that the driver merely backs up to the shipping company’s loading dock, and the warehouse employees load the truck. When done, the driver merely closes the doors, applies a seal, and drives away. Nevertheless, the driver should quickly get weighed to make sure the load is within limits. Likewise, if the load is not proper, the driver has a responsibility to tell someone before driving. The more tired and rushed a driver is, the more likely he or she will bend the rules to get back on the road.
• Distracted drivers – A texting or otherwise distracted truck driver may take a turn too fast or not be able to stop in time due to a sudden act. This can cause the load to shift abruptly and lead to rollover accidents.
• Turning too quickly – Even when not distracted, some drivers take on ramps and off ramps too fast, causing the entire rig to spill or turn over.
• Speeding – Traveling faster than what is safe is always a problem. This can be especially dangerous when hauling liquids and transporting cargo on flatbed trucks, as these loads are more prone to shifting.
• Poorly maintained roads – A road that is unlevel, full of potholes, or otherwise poorly maintained can lead a truck driver to lose control of the vehicle. Still, a good driver knows to slow down and use caution when navigating bad roads.
• Cargo loading errors – If the loaders don’t use good common sense and proper loading techniques, more weight can be seated above the rear tandem, which can make the power unit lose traction to the rear tires. If too much weight is forward from the tandems, it presses down on the rig and actually lifts the front steering tires, creating difficulty in maintaining control in turns.
• Sudden shifts in cargo – Finally, there are times when loads may have loose items, such as small objects, chemical containers, or fiber materials that can easily jar loose and spill inside the trailer, leading to a rollover accident.

Types of Cargo Spill Accidents

Large trucks transport all types of goods and materials throughout the United States. Some of the most common types of cargo spills involve:

• Heavy equipment cargo – If you’ve ever seen a large tractor, airplane wing, or another oversized piece of equipment being hauled down the highway, you can probably imagine what would happen if the straps and harnesses were to fail. Improper or inadequate straps and safety measures can lead to cargo falling or spilling from a truck.
• Toxic spills – About the only thing worse than rollover or oversize load trucking accidents is when hazardous chemicals are involved. A HAZMAT spill cannot only be dangerous due to the crash, but it can also expose the general public to lethal gases, highly flammable and combustible products, and deadly corrosives. These can eat through metal and cause irritation and burns to the eyes and skin, while also causing serious or life-threatening respiratory injuries.
• Material spills – Even non-hazardous materials can be dangerous. A spilled truckload of television sets or tires can prove deadly to those in smaller passenger vehicles, motorcyclists, and even pedestrians if the accident happens in an urban area.

Types of Trucks Involved in Cargo Spills

For those who suffer load-shifting injuries in truck accidents, it can be frustrating to make sense of the situation. There are many types of cargo shift accidents that can happen in just a split second, and these can involve all sorts of trucks, such as:

Even a bobtail rig (a power unit without a trailer in tow) can cause a cargo-shifting accident if the driver has loaded the inside of the cab with more weight than it is designed to carry.  Some new rigs have entire showers, lounge areas, and custom-built seating inside, all of which can greatly increase weight and dangerously affect weight distribution.

Frequently Asked Questions

Who can be liable if unsecured cargo caused my truck accident?

Various parties can potentially be liable for cargo spill accidents, including:

• The truck driver who failed to check the load
• The trucking company, which is responsible for the actions of its drivers
• The cargo loading company that overloaded or improperly loaded the truck
• Auto parts manufacturers, if defective hitches, tie downs, or other auto parts contributed to the crash

What evidence can show that cargo was improperly loaded or secured?

Evidence that may help show the cargo was improperly loaded or secured could include:

• Bills of lading
• Accident reports
• Onboard camera footage
• Video footage from traffic cameras or dash cameras
• Accident scene photos
• Witness statements

Can I file a claim if spilled cargo caused me to crash but the truck did not hit my vehicle?

Yes. If the defendant was negligent in causing cargo to spill onto the roadway and you swerved to miss it, for example, you could still file a claim against the trucking company even if the truck did not collide with your vehicle.

What should I do if a trucking company says the cargo spill was unavoidable?

Trucking companies are very profitable businesses that want to protect their profitability. When they are responsible for accidents, they do everything within their power to deflect, blame others, and minimize the suffering their negligence and that of their drivers has caused. Cargo spills are completely avoidable. If you hear otherwise from the trucking company, reach out to an experienced truck accident lawyer from Cain Law for help.

How Our Oklahoma City Cargo Spill Truck Accidents Attorneys Can Help You

We know that a serious injury suffered in an Oklahoma City truck accident caused by a cargo shift can stop you in your tracks and leave you fighting for a way to pay the bills, get back to work, and come up with money for medical expenses. Our respected truck accident law firm is here to fight for you throughout this process and demand the maximum compensation you deserve.

Please call Cain Law today, and schedule a free initial consultation. Our Oklahoma City truck accident attorney can answer all your questions and begin an investigation into your crash right away. We will do everything possible to take the pressure off of you, so you can focus on your recovery.