Interstate 81 (I-81) in Central New York, stretching from Tennessee to the Canadian border, is a major trucking route facilitating the movement of goods across the country. With hundreds of trucks using this busy corridor to deliver vital goods to businesses, safe and secure cargo transportation is an important issue.
Trucks carrying improperly loaded or unsecured cargo can cause devastating accidents. These can lead to serious and life-altering injuries, most often to the victims in smaller vehicles. In a Federal Motor Carrier Safety Administration (FMCSA) study, cargo shifts accounted for 4% of crashes and had the highest relative risk factor at 56.3%.
If you’ve been involved in a truck accident in Central New York, contact a New York truck accident attorney at Catalano Law for legal guidance. We can investigate the crash and hold the responsible party accountable for your damages.
What Is a Load Shift?
A load shift in commercial trucks refers to the movement or displacement of cargo within the trailer during transit. This can occur for many reasons, such as improper loading, uneven weight distribution, abrupt maneuvers, or inadequate securing of the cargo.
- Improper Loading: If the cargo is not loaded correctly, with weight evenly distributed across the trailer, it can shift during transport.
- Inadequate Securing: Cargo not correctly secured per FMCSA regulations—with straps, braces, or other restraining devices—can move or fall during transit.
- Abrupt Driving Maneuvers: Sudden stops, sharp turns, or quick accelerations can cause the load to shift, especially if the cargo is not secured correctly or balanced.
- Overloading: Exceeding the truck’s weight capacity can also lead to load shifts as the excess weight can shift during movement, particularly during turns or when navigating uneven road surfaces.
How Do Load Shifts Affect Road Safety?
Load shifts in commercial trucks can impact road safety, posing a danger to other vehicles near the big rig. Shifting cargo can result in the following:
- Vehicle Instability: When the cargo shifts, it can alter the vehicle’s center of gravity, leading to instability. This instability is particularly dangerous at high speeds or when making turns, as it can cause the truck to tilt or roll over, especially in the case of top-heavy loads.
For instance, in 2023, a tractor-trailer that was moving too fast rolled over in DeWitt, New York. Although the driver only suffered minor injuries, the accident impeded traffic, closing the off-ramp of I-481 from 11:30 a.m. Tuesday to 4:30 a.m. on Wednesday.
- Loss of Control: A sudden shift in load can catch a driver by surprise, potentially leading to a loss of control of the vehicle. This can increase the risk of rollovers, jackknifing, or collisions with other vehicles. The truck may cross into other lanes, creating a multi-vehicle collision risk.
In 2023, a semi-truck that lost control of an improperly loaded trailer was involved in a jackknife crash that killed one person and injured three others in Lima, New York.
- Roadway Obstructions: In some cases, a load shift can cause cargo to spill onto the road, creating hazards for other drivers and leading to traffic delays or accidents as drivers attempt to avoid the debris.
For instance, in 2023, a tractor-trailer in Mahwah, New Jersey, suddenly overturned, spilling lemons onto the highway. While there were no injuries, the accident shut down northbound lanes from 10 a.m. to 4:30 p.m., impacting traffic flow.
Who Is Liable for a Load-Shift Accident?
Determining liability for a load-shift accident requires a thorough investigation by a skilled attorney. At Catalano Law, your attorney can consult with accident reconstructionists, inspect cargo securing equipment, and examine loading procedures and driver actions to identify what caused the crash and who is at fault.
Multiple parties may share responsibility, including:
- Driver: The driver may be liable if their driving behavior (like abrupt maneuvering) contributed to the load shift. In 9% of crashes in the FMCSA study, the collision was caused by an illegal driving maneuver.
- Trucking Company: The trucking company may have knowingly allowed unsecured cargo to be transported or failed to train their drivers adequately in cargo securement and inspection.
- Cargo Loaders/Shippers: If a separate loading crew or the shipper did not properly secure the load or overloaded the truck, they could be held responsible.
- Manufacturer of Securing Equipment: The equipment used to secure the cargo may fail, such as faulty straps or tie-downs, leaving the manufacturer at fault for the accident.
- Maintenance Personnel: If improper maintenance of the truck or its equipment played a role in the load shift, the parties responsible for the vehicle’s maintenance might be held liable.
How Our Attorneys Can Help
Following a load-shift accident, it’s advisable to consult an attorney specializing in truck accidents. At Catalano Law, our team has experience with load-shift accident cases and offers the following support:
- Investigation: Our attorneys can thoroughly investigate the cause of the load shift and identify liable parties.
- Gathering Evidence: We will gather crucial evidence, such as maintenance records, loading and securing procedures, and witness statements, to build a strong case.
- Negotiation and Litigation: Our legal team can negotiate with insurance companies to help you receive fair compensation for your injuries and losses. We are prepared to take your case to court to fight for your rights if necessary.
- Expert Witnesses: We have access to expert witnesses who can provide testimony to support your case and strengthen your claim.
We Investigate Cargo-Shift Accidents
Cargo shifting is a major factor in semi-truck accidents, often escalating into serious incidents. If you’ve been injured in a semi-truck accident due to cargo shifting in Central New York, reach out to a qualified attorney from Catalano Law. We can help you file your claim and represent your interests against aggressive trucking company insurers.
Get in touch with our team today for a free consultation where you can share details about your case, and we will help you get your life back on track.