Overloaded & Unsecured Cargo Lawyers in Houston

What is Overloaded or Unsecured Cargo?

Overloaded cargo refers to a situation where a truck is carrying more weight than it is legally allowed or designed to handle. Each truck has a maximum weight limit set by the manufacturer and enforced by federal and state regulations. Overloading a truck can create several hazards:

• Increased Stopping Distance: The heavier the truck, the longer it takes to stop. This can lead to rear-end collisions, especially in situations where the truck driver needs to brake suddenly.
• Strain on the Vehicle: Excessive weight can put undue strain on the truck's brakes, tires, and suspension system, increasing the likelihood of mechanical failure.
• Risk of Rollovers: An overloaded truck has a higher center of gravity, making it more prone to tipping over during sharp turns or sudden maneuvers.

Unsecured cargo refers to cargo that is not properly fastened or secured within the truck. This can happen if the cargo is not tied down correctly or if the securing devices fail. Unsecured cargo poses several risks:

• Shifting Load: If cargo shifts while the truck is in motion, it can affect the truck’s balance and handling. This sudden shift can cause the driver to lose control, leading to rollovers or jackknife accidents.
• Falling Debris: If cargo is not secured, it can fall off the truck and onto the roadway. This debris can create hazardous conditions for other drivers, leading to accidents as they try to avoid the obstacles.
• Load Displacement: In some cases, unsecured cargo can move inside the trailer, leading to uneven weight distribution. This can cause the truck to veer off course or make it difficult for the driver to steer properly.

Both overloaded and unsecured cargo can result in catastrophic accidents, leading to severe injuries or fatalities. Trucking companies and drivers are required to follow strict regulations regarding the loading and securing of cargo to prevent these dangerous situations.

If you have been injured in an accident caused by overloaded or unsecured cargo, our Houston truck accident lawyers can help. At the Law Offices of Omar Khawaja, PLLC, we are committed to helping injured individuals get the compensation they deserve. When you choose us, you can trust that we will fight aggressively to protect your rights inside and outside the courtroom.

Call us today at (713) 561-5454 or online to schedule a free consultation with our overloaded and unsecured cargo lawyers in Houston.

Federal Truck Cargo Regulations

Federal laws in the United States regulate cargo limits on trucks to ensure road safety. These regulations are primarily enforced by the Federal Motor Carrier Safety Administration (FMCSA) and are designed to prevent overloading, which can lead to accidents.

The following are several trucking regulations related to cargo:

• Weight Limits: Federal law sets a maximum gross weight limit of 80,000 pounds for trucks, which includes the vehicle, cargo, passengers, and fuel. Each truck also has a manufacturer-specified Gross Vehicle Weight Rating (GVWR) that must not be exceeded. Additionally, there are axle weight limits, with a single axle limited to 20,000 pounds and tandem axles (two close together) limited to 34,000 pounds.
• Bridge Formula: The Bridge Formula determines the maximum weight a truck can carry based on the number of axles and the distance between them. This formula helps distribute the load more evenly across the truck, reducing stress on bridges and roads. The farther apart the axles are, the more weight the truck is allowed to carry.
• Cargo Securement Standards: Federal regulations require that cargo be properly secured using an appropriate number of tiedowns, like straps or chains, to prevent it from shifting or falling during transit. The number of tiedowns depends on the cargo’s weight and size. Drivers must inspect and adjust the cargo and securing devices before and during the trip to ensure everything remains secure.
• Penalties for Violations: Trucking companies and drivers face significant penalties, such as fines and out-of-service orders, if they violate federal weight or cargo securement regulations. These penalties also include potential legal liability if a violation leads to an accident. Compliance with these regulations is crucial for safety and avoiding these consequences.
• Exceptions and Special Permits: In certain situations, trucks may carry loads exceeding the standard weight limits, but they must obtain special permits from the authorities. These permits often come with specific conditions, such as restricted travel routes and times. Special permits are essential for managing larger loads while still ensuring safety and infrastructure protection.