Injured by debris falling from a truck? Learn how to maximize your compensation through a personal injury claim in Columbia.
Drivers on Columbia’s roads are familiar with heavy traffic, which often includes large trucks. While these trucks play a vital role in our society by transporting goods, they also pose a risk to other drivers, especially when they contain cargo that isn’t properly secured.
Unsecured cargo can dislodge from the storage area on a truck and fall onto passenger vehicles. Sadly, the aftermath of this type of accident can be devastating, leading to life-changing injuries and extreme financial challenges.
If you’ve recently been injured by falling debris while driving in Columbia, you may be entitled to significant compensation through a truck accident lawsuit. This guide will discuss the dangers of unsecured loads, explain who may be liable, and help you understand your options for seeking compensation for your injuries.
What are the risks of unsecured cargo?
It’s estimated that unsecured loads are responsible for more than 1 billion pieces of litter on U.S. roads, which create serious safety hazards for drivers. According to the National Highway Traffic Safety Administration (NHTSA), more than 700 people are killed on America’s roadways annually by debris on the road, and another 17,000 are injured. Most of these accidents (81%) involve passenger vehicles like pickup trucks rather than commercial trucks.
The injuries that you can sustain from an unsecured load accident range from mild to severe, and in some instances, they even lead to wrongful death. Common injuries include:
- Whiplash. Sudden braking or swerving to avoid debris can cause the head to jerk forward and backward, leading to whiplash or other neck strain injuries.
- Head injuries. Objects striking the windshield or entering the vehicle can result in head trauma, including concussions, brain bleeds, or skull fractures, depending on the force of impact.
- Back injuries. High-impact collisions caused by falling objects can result in damage to the spine, leading to herniated discs, nerve damage, or even paralysis.
- Soft tissue injuries. Muscles, ligaments, and tendons can be strained or torn during abrupt movements caused by trying to avoid debris or during collisions.
- Broken bones. The impact from sudden stops, swerves, or collisions may cause fractures in the arms, legs, ribs, or other areas of the body.
- Lacerations and cuts. Broken glass, flying debris, or sharp objects from unsecured loads can cause deep cuts and even amputations.
- Airbag-related injuries. If an unsecured load causes an accident that deploys airbags, passengers may suffer burns, bruising, or impact-related injuries to the face and upper body.
- Psychological trauma. Experiencing an accident caused by unsecured loads can lead to anxiety, PTSD, or a long-term fear of driving.
If you’ve been in an accident with a truck, it’s crucial to seek medical help immediately to protect your health as well as your rights in a personal injury claim. Failure to seek prompt treatment can make it much more difficult to link your injuries to the accident and get the compensation you deserve.
In the news:
Recent South Carolina unsecured freight accidents
In June 2024, a four-vehicle crash in Williamsburg County, South Carolina, shut down Highway 41/51 for over 8 hours. The accident occurred when an 18-wheeler carrying an oversized load crossed the lane divider on the Black Mingo Creek Bridge. A second 18-wheeler collided with the load, hit a guardrail, and swerved into oncoming traffic, striking a South Carolina Highway Patrol vehicle. The trooper’s car was then T-boned by a fourth vehicle.
The trooper sustained a broken leg, ankle, and a concussion and was airlifted to a hospital. Other drivers were taken to hospitals, with one suffering a broken ankle. The driver of the first semi, a 62-year-old North Carolina man, was found at fault and issued a ticket.
In March 2022, a South Carolina police officer narrowly avoided injury when high winds blew a tractor-trailer’s load off a truck, crushing the officer’s cruiser before the load fell off the Wando Bridge into the Wando River. According to WJCL News, the incident occurred while the Charleston Police officer was assisting a disabled vehicle. Fortunately, both the officer and the truck driver were unharmed.
Common causes of lost load accidents in Columbia
Most truck drivers work hard to avoid crashes on the road, but mistakes still happen. Truck drivers or vehicle loaders may cut corners if they face tight deadlines or pressure to transport more cargo than the truck is designed to carry.
Unsecured load accidents typically occur when items transported in vehicles are not properly restrained. Here are the common causes of such accidents:
- Defective parts. Faulty or low-quality components, such as damaged straps, hooks, or securing points, can fail under pressure, causing cargo to become unsecured. Defective truck parts, like weak tie-down anchors or broken latches, can also contribute to load instability and accidents.
- Poor road conditions. Columbia’s mountainous terrain and roads with potholes or unpaved surfaces create vibrations and sudden movements that can dislodge poorly secured cargo.
- Improper or insufficient load securing. Drivers and workers often fail to use appropriate equipment such as straps, nets, or ropes to secure cargo. Inadequate tensioning of restraints can also lead to cargo shifting during transit.
- Overloading vehicles. Transporting loads that exceed the vehicle’s weight or size limits can cause instability and improper balance. Overloaded trucks are particularly common on rural and unregulated routes.
- Lack of driver training. Many drivers lack proper training on safe cargo loading practices, weight distribution, and the importance of securing loads. Failure to check the load during transit for shifting is another common issue.
- Use of inadequate or worn-out securing tools. Drivers may use damaged straps, ropes, or improvised tools that are not strong enough to hold cargo in place.
- Speeding and sudden maneuvers. Excessive speed and sudden braking or sharp turns can cause unsecured cargo to shift, fall, or destabilize the vehicle. This is particularly common on winding roads in Columbia’s hilly regions.
- Neglect of regulations. While Columbia has cargo transport regulations, enforcement is inconsistent. Many operators prioritize efficiency over safety, leading to non-compliance. Additionally, unregulated transportation, such as smaller trucks, are more likely to neglect load safety protocols.
- Use of inappropriate vehicles for transport. Vehicles not designed for specific types of cargo, such as flatbeds used to carry loose or shifting materials, are a frequent cause of unsecured load issues.
- Poor truck maintenance. Trucks with worn suspension systems, damaged brakes, or misaligned axles can cause instability, increasing the risk of cargo shifting or falling.
If you were injured in an accident with unsecured cargo because of the negligent actions of a truck driver or another party, you should consult with a local Columbia personal injury attorney to start exploring your options for compensation.
South Carolina Compensatory and Punitive Damages
Learn about the different types of compensation you may be eligible for after an accident in Columbia.
Who is responsible for the cargo on a truck?
Responsibility for the cargo on a truck is shared among multiple parties, depending on the circumstances. Generally speaking, potentially liable parties include:
- Shipper. The party that loads and sends the cargo is responsible for ensuring it is properly packed, labeled, and loaded securely to prevent damage or shifting.
- Truck driver. The driver is responsible for inspecting the cargo to ensure it is secured properly and remains safe during transport. Drivers must follow regulations, such as weight limits, securement rules, and regular inspections.
- Carrier/trucking company. The company operating the truck is responsible for compliance with safety regulations, ensuring their drivers are trained and the trucks are in proper condition to handle the cargo.
- Manufacturer. In cases involving defective equipment, the manufacturer of the faulty parts may be held accountable through a product liability lawsuit.
Federal trucking regulations in the U.S. by the Federal Motor Carrier Safety Administration (FMCSA) dictate that both the driver and the carrier are ultimately responsible for ensuring cargo is properly secured during transport.
Since determining liability can be complicated, having an experienced attorney is often essential to securing compensation after an accident.
How do I get compensation after an injury caused by an unsecured load in South Carolina?
To get compensation after an injury caused by an unsecured or lost load in South Carolina, you must prove fault. This means showing that another party, such as a truck driver, trucking company, or cargo loader, acted negligently or failed to follow safety regulations, directly leading to the accident and your injuries.
South Carolina follows a modified comparative negligence rule under which you can only recover compensation if you are 50% or less at fault for the accident. Your compensation can also be reduced based on your percentage of fault.
Here’s an example: Suppose you were injured in an accident caused by unsecured cargo. The investigation finds that the truck driver was 70% at fault for failing to secure the load, while you were 30% at fault for driving slightly over the speed limit. If your damages total $100,000, your compensation would be reduced by 30%, and you would receive $70,000.
Because your degree of fault plays a significant role in the compensation you can ultimately receive, speaking with an attorney as soon as possible after the accident is crucial to protecting your rights. An attorney can:
- Investigate the accident to identify all responsible parties.
- Reduce your liability by gathering evidence to prove fault.
- Accurately calculate damages, including past and future medical expenses, lost wages, pain and suffering, and rehabilitation costs.
By working with an attorney, you increase your chances of securing the full compensation you deserve.
Why you need the best Columbia truck accident attorneys fighting for your rights
Accidents due to overloaded trucks can often lead to life-altering, catastrophic injuries that require extensive medical care and long-term recovery. At Chappell, Chappell, and Newman, our skilled Columbia truck accident attorneys have more than 30 years of experience representing truck accident victims in Columbia. We understand the devastating impact these accidents can have on your life and the financial burden they create.
Our team will fight tirelessly to hold the responsible parties accountable, reduce your liability, and secure the maximum compensation you deserve. If you or a loved one has suffered a serious injury or wrongful death in an unsecured cargo accident, you don’t have to face the aftermath alone. Let us handle the legal complexities so you can focus on your recovery.
Contact Chappell, Chappell, and Newman today for a free consultation and put our proven experience to work for you.
References
McCall Vrydaghs. (2024, June 6). Secure Your Load: Prevent Litter and Accidents on the Road. Keep America Beautiful. https://kab.org/secure-your-load-prevent-litter-and-accidents-on-the-road/
Drive Safe: Secure Your Load. (2022). NHTSA. https://www.nhtsa.gov/drive-safe-secure-your-load