A tractor trailer in Onalaska may be carrying up to 80,000 pounds of freight. Given the immense size of large commercial trucks, it is imperative that their cargo is properly loaded. Poorly loaded trailers—whether because they are overloaded, unbalanced, or cargo is unsecured—can cause a serious crash. Here, our Onalaska truck accident attorney explains the risk posed by poorly loaded trailers and highlights key points that injured victims should know about liability in Wisconsin.
Why Poorly Loaded Tractor Trailers are So Dangerous
When a large commercial truck is hauling heavy cargo, it poses an inherent safety hazard. A top priority must be placed on safe operations. Profits can never be allowed to before people. Semi-trucks need to be properly loaded. An overloaded or poorly loaded truck is at a heightened risk of being involved in a bad accident. When cargo is improperly secured or unevenly distributed, it can shift during transit—and the truck can become unbalanced as a consequence. Trucks that are not loaded properly may:
- Fail to maintain lane integrity;
- Require additional braking distance;
- Rollover—especially when going around a corner; or
- Lose cargo during travel.
An Overview of Federal Cargo Securement Regulations
Large trucks that operate in interstate commerce are regulated at the federal level. Most tractor trailers you see in Onalaska and elsewhere in La Crosse County are subject to federal safety standards. The Federal Motor Carrier Safety Administration (FMCSA) has enacted cargo securement regulations that are designed to ensure that commercial trucks do not pose a safe hazard. FMCSA cargo securement rules require the following:
- All cargo must be firmly immobilized and/or secured on or within a vehicle using appropriate methods such as ties, straps, and shoring bars. The rules specify the minimum strength and number of restraints based on the type and weight of cargo.
A Poorly Loaded Trailer is Also Negligence
Even if a truck does not directly violate a state or federal cargo securement requirement, truck companies also have a general responsibility to ensure their operations are safe. Wisconsin is a fault-based semi-truck accident state. The party—whether truck driver, cargo largo, or any other person—who is responsible for causing a crash through negligence can be held legally liable for the resulting damages.
A poorly loaded trailer can constitute negligence if it leads to an accident—even without a clear and specific regulatory breach. Every serious accident should be carefully investigated by an experienced Onalaska truck accident lawyer. Your attorney can help you gather and organize all of the evidence needed to prove that a poorly loaded trailer was, at least in part, the reason why a crash happened. Evidence is the foundation of any successful truck accident claim.
The Bottom Line: Truckers, truck companies, and all parties involved in the process of loading a trailer have a responsibility to ensure that it is done safely. They bear liability if they fail to do so.
Hurt in a Crash Onalaska Due to a Trailer Issue? You Need the Maximum Compensation
In Wisconsin, truck accident victims have the right to seek compensation for the full value of their damages, inclusive of non-economic losses. However, unfortunately, obtaining a complete settlement offer from an insurance company is not easy. Insurers fight to pay out less in settlement negotiations. You need justice. Our Onalaska semi-truck accident attorneys can help. We put victims and their families first. Along with other damages, truck accident victims may recover for:
- Property loss, such as vehicle repairs;
- Ambulance costs and other emergency services;
- Hospital bills and related medical expenses;
- Long-term/future medical needs;
- Loss of wages and loss of earning power;
- Pain and suffering & mental distress;
- Long-term physical disability;
- Reduced quality of life; and
- Wrongful death of a family member.
How Fitzpatrick, Skemp & Butler Can Help With a Truck Accident Claim in Onalaska
Were you involved in a commercial truck accident in Onalaska or elsewhere in La Crosse County that was caused by a poorly loaded trailer? You need a top-tier attorney on your side. At Fitzpatrick, Skemp & Butler, LLC, we are a boutique law firm that fights for justice for the injured and the disabled. With millions in verdicts and settlements secured for injured victims, our Onalaska, WI truck accident attorneys invest time, resources, and personal attention into every case.
Contact Our Onalaska, WI Semi-Truck Accident Attorney Today
At Fitzpatrick, Skemp & Butler, LLC, our Onalaksa commercial truck accident lawyers are standing by, ready to advocate for your rights. If you or your family member was hurt in a crash caused by a poorly loaded trailer and/or unsecured cargo, we can help. Contact our law firm today for a free, no strings attached case review. With an office in Onalaska, we handle truck accident claims in La Crosse County and throughout the wider region.