Attorneys for Truck Accidents In Sacramento Caused By Poorly or Improperly Loaded Cargo

The Sacramento truck accident attorneys of Tiemann Law Firm have the experience, resources, and knowledge to hold truck drivers and trucking companies liable after serious accidents. If poorly or improperly loaded cargo was the reason you suffered injuries during a collision between your vehicle and a commercial truck, you have the right to seek compensation for your losses. Our legal team can help you fight for justice so you can heal and move forward with your life.

Commercial trucks are vital to the everyday life we all expect. They deliver items people order online, carry materials to construction sites, and transport products to stores. They can also contain toxic substances, such as oil or gas, creating hazards for other drivers. If the truck driver doesn’t load their vehicle correctly, the cargo could shift or fall onto the road. Shifting or falling cargo causes dangerous conditions for motorists, increasing the risk of an accident.

The Federal Motor Carrier Safety Administration provides specific standards everyone in the trucking industry must follow when it comes to cargo. If trucking companies and their employees don’t follow these regulations, they put people in harm’s way. There are multiple parties that might be responsible for loading items onto a large truck, which makes figuring out who to hold liable for your injuries a challenge.

At Tiemann Law Firm, we have over 20 years of experience investigating accidents like this and pursuing the maximum compensation available from the negligent party. You can depend on us to take over your case and put our skills to work for you.

To find out more about our legal services or for a free consultation with an experienced and dedicated lawyer, call Tiemann Law Firm at (916) 999-9000 right now.

Federal Regulations for Loading Cargo

The Federal Motor Carrier Safety Administration (FMCSA) established regulations specifically for loading and securing items onto the back of a commercial truck.

Applicable Vehicles and Cargo

Any cargo-carrying vehicle containing a box, hopper, tank, or similar device forming the structure of the truck operating in interstate commerce is governed by these rules. Regulations apply to all types of cargo, except those without a fixed shape or structure, such as liquid concrete, gravel, sand, and liquid.

Performance

Trucking companies must load all vehicles in such a way that the cargo is prevented from shifting or falling out when the driver speeds up or slows down in any direction. The securement of the cargo is required to meet these acceleration and deceleration forces:

  • 0.8 g deceleration moving forward
  • 0.5 g acceleration going rearward
  • 0.5 g acceleration laterally

Securement Devices

All structures, systems, or parts used in securing cargo must function correctly and be free of defects or damage. Manufacturing standards apply to the tie-downs trucking companies can use, such as cordage, webbing, strapping, wire rope, steel, or chains.

Cargo loaders should secure tie-downs so they don’t open, unfasten, release, or loosen while the driver transports the freight. If an item could directly contact a tie-down, edge protection is necessary to avoid cutting or abrading the tie-down. The load should always stay “inboard” if a trailer with rub rails carries the cargo.

Regulations for the number of tie-downs used based on the weight and length of each item are:

  • Up to 1,100 pounds and a maximum of 5 feet – 1 tie-down
  • More than 1,100 pounds and up to 5 feet – 2 tie-downs
  • Between 5 and 10 feet – 2 tie-downs
  • 2 tie-downs for the initial 10 feet and 1 tie-down for an additional 10 feet

If the truck driver, trucking company, or another party violated these regulations, and those violations resulted in your injuries, you could seek compensation from them. Tiemann Law Firm can review the details of the accident and determine your available legal options.

Common Types of Truck Accidents Resulting from Poorly or Improperly Loaded Cargo

If cargo isn’t loaded and tied down in a way that meets federal standards, boxes and other items can shift, causing an uneven weight distribution. They could even fly off the truck, creating dangerous debris for other drivers. The truck driver could lose control of their vehicle and crash into a small car. Severe injuries and fatalities are typical in accidents like this.

The most common types of truck accidents due to improperly loaded cargo are:

  • Jackknife – A commercial truck contains a front cab with a trailer attached to it. If the vehicle jackknifes, these two parts fold toward each other at an angle. Exceeding the maximum weight limit of a truck can cause an uneven distribution of weight. A sudden turn or braking can create a shift in momentum, causing the tires to skid and the whole vehicle to jackknife.
  • Lost load – Defective securement systems, such as frayed roping, can’t effectively keep items securely in place. If the truck driver takes a sharp turn or maneuvers to avoid a hazard, the cargo could slide off the trailer.
  • Rollover – Loose materials can bounce around or shift, throwing the commercial truck off-balance. This prevents the driver from having total control over the vehicle. It’s easier to roll over with uneven weight distribution because of the truck’s high center of gravity.
  • Hazardous materials – A collision could lead to an explosion or fire if the truck driver doesn’t secure hazardous items, such as oil or flammable substances, correctly. Additionally, these materials could spill onto the road, injuring drivers and passengers in other vehicles.
  • Tire blowout – Commercial trucks can weigh up to 80,000 pounds when loaded with cargo. Weight limits are necessary to avoid extra pressure that the tires can’t handle. Too much freight can cause one or multiple tires to explode during transport and cause an accident.

If you sustained injuries in any of the kinds of truck accidents identified above or another type, contact Tiemann Law Firm immediately for a free consultation.

Who’s Liable After a Poorly or Improperly Loaded Cargo Truck Accident?

California uses a fault system to determine liability following motor vehicle accidents. That means the party that causes another person’s injuries or death in a crash becomes financially responsible for their medical bills and other expenses. You could either hold the truck driver or trucking company liable, depending on the circumstances of the case.

The truck driver might be at fault for the accident if they:

  • Knowingly used defective, worn out, or damaged cargo securement devices
  • Failed to use the correct tie-downs based on the weight or length of the cargo
  • Engaged in reckless driving while transporting improperly loaded cargo
  • Loaded materials above the weight or size limits onto the truck
  • Failed to inspect or weigh the vehicle

The trucking company could be responsible for the crash if they:

  • Failed to provide the necessary training for the drivers
  • Knowingly hired an inexperienced or unqualified trucker
  • Failed to perform complete background checks on a new employee, such as employment history, criminal records, and licensing
  • Failed to perform routine maintenance and repairs on the vehicle and securement devices
  • Failed to supervise the cargo loading process adequately

Tiemann Law Firm understands the suffering you were forced to endure because of someone else’s error. You will not be alone in the fight when you hire us. Our legal team will remain by your side until the very end.

Possible Compensation You Could Secure in a Truck Accident Case

Many people suffer physical, emotional, and economic losses after a truck accident. If you were hurt in the crash or from unsecured cargo, you could file an insurance claim or lawsuit. The compensation you receive should cover your past and future losses, so you’re not forced to pay for anything yourself.

The various losses you can pursue includes:

  • Medical expenses
  • Lost wages
  • Lost future earnings
  • Inconvenience
  • Property damage
  • Emotional distress
  • Physical impairment or disfigurement
  • Loss of enjoyment of life
  • Pain and suffering

Although most insurance companies don’t enforce a strict filing deadline, you should still initiate a claim immediately after the accident. Some policies might require that you file “promptly” or “within a reasonable amount of time.” Tiemann Law Firm can request a copy of the applicable insurance policy to determine the timeframe we must follow.

It’s also critical to hire a lawyer and begin working on your case as soon as possible because there’s a deadline for filing a lawsuit. California has a two-year statute of limitations. That means you only have two years from the accident date to sue the truck driver or trucking company.

This might seem like a long time, but you could encounter unforeseen obstacles or delays during the insurance claims process. By the time you’re ready to file a lawsuit, the deadline could have already passed if you waited too long to start the initial filing of your case.

Call Tiemann Law Firm Today

Tiemann Law Firm has a dedicated legal team available 24/7 to answer your call when you need us most. We aim to provide personalized one-on-one attention to every client, so you always feel like a priority. We will offer the guidance and support you need to get through this overwhelming period in your life.

If you want to discuss the details of your case, we can meet you for a free same-day consultation. There are no fees to receive the legal advice you need to make the decisions that can meet your needs. We also take cases on contingency, meaning you won’t have to pay upfront fees or costs. We don’t get paid unless you get paid.

If you suffered injuries in a truck accident due to poorly or improperly loaded cargo, call Tiemann Law Firm at (916) 999-9000 now.

Client Testimonials

Michael T.
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I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T.
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The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

Jennifer T.
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I highly recommend The Tiemannn Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

Hanna Padilla
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

S.B.
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Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had an excellent staff as well.  Highly recommended...

Star Fire
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of your hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Jereme S.
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No-one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Maye Ly
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Matt H.
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Jennifer Birdseye
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Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!