Knoxville Overloaded or Improperly Loaded Cargo Lawyers

Holding truck drivers and trucking companies liable for injuries and deaths in Tennessee

Trucks that don’t have fully contained units can lose their cargo – especially if they are overloaded. Cargo that is not secure can move while a truck is in transit, causing a truck driver to lose control.

At Banks & Jones, we have 35 years of experience showing how truck accidents happen and who should be held responsible. Most truck overload or cargo shift accidents are preventable if trucking companies use caution before the driver operates their truck.

Our lawyers fight for anyone who suffers injuries due to falling cargo or while trying to avoid the spill, the truck, or other drivers. Call us today to assert your right to compensation.

How can we help?

What truck cargo loading laws do trucking companies need to follow in Knoxville?

At Banks & Jones, we hold trucking companies accountable for personal injuries and deaths when they fail to comply with federal and state laws and local trucking industry standards.

Some of the laws that we use on your behalf include the following:

  • The US Code of Federal Regulations. These laws regulate the maximum gross vehicle weight of trucks based on the number of truck axles and other factors.
  • The Occupational Health and Safety Administration (OSHA). This agency regulates various loading and unloading requirements depending on the type of cargo and the various securement methods. For example, this OSHA Bulletin informs employers and employees of rear-loading trash trucks of the dangers of not securing the truck’s trunnion bars and “failing to take other safety precautions during the emptying process.”
  • The Federal Motor Carrier Safety Administration (FMCSA) regulates how many hours commercial truck drivers can drive without taking a rest.
  • Tennessee has its own laws that regulate trucks, including the need for a commercial driver’s license, the width and size of trucks, brake requirements, and other laws. For example, “Any truck with an open bed operated on any highway, road, and street open for public use in this state, shall be loaded so that any material remains at least 4” below the sides of such bed, measured at the front, back, and sides (but such load may be piled higher in the center).

Truck drivers must also follow Tennessee’s traffic laws and meet trucking industry standards for loading cargo depending on the type of truck and the type of cargo.

Why do trucks that have overloaded cargo or improperly loaded cargo cause accidents?

At Banks & Jones, we work with the police, our own investigators, and through the rigorous questioning of everyone involved to show the cause of your Knoxville truck overload/improper accident. Some of the common causes of these accidents include:

  • Cargo spill accidents. If cargo is overloaded or not properly secured, the cargo could spill out the sides or over the top when the truck hits a bump, takes a turn too fast, or collides with another vehicle. The cargo can directly strike other vehicles or cause nearby vehicles to crash as they try to avoid the spill.
  • Loss of control accidents. If the cargo moves or shifts during transit, the driver can become distracted by the movement or lose control as the balance of the truck shifts.
  • Tire blowouts. Excess cargo weight can place more pressure on the axles and tires than the truck and tires can handle, causing a dangerous tire blowout.
  • Truck jackknifes and rollovers. If cargo moves or spills, the truck driver may need to slam on the brakes, causing the tractor and/or trailer to skid – which can cause a jackknife accident. Moving cargo can also cause the truck to roll over during turns. Whether a truck is full, partially full, or empty also affects the possibility of truck jackknife and rollover accidents.
  • Other causes. Truck accidents due to excess or improper loads may also depend on what happened, the type of truck, and the type of cargo.

Who is responsible if I’m hurt due to truck overloads or improper loads in Knoxville?

Our Knoxville truck overload/improper load lawyers hold everyone accountable for your accident. The defendants generally include one or more of the following:

  • The truck driver. At Banks & Jones, we hold the drivers accountable when they speed, fail to use caution when turning, or fail to use caution when cargo moves or spills.
  • The employer of the truck. Employers are generally liable for the negligence of their employees. They have a duty to ensure their drivers have the proper licenses, qualifications, and experience to drive trucks with cargo.
  • The owner of the truck. Owners may also be liable if someone they give permission to drive their truck causes an accident.
  • The truck loading companies. Some sellers use their own trucks. Other sellers contract with truck-loading companies to load their trucks. These sellers and contractors may be liable for accidents due to improper truckloads or truck overloads.
  • The manufacturers of the equipment used to secure trucks may be strictly liable if their defective products cause an accident in Knoxville.
  • Other defendants. These may include the shipping broker, maintenance and repair companies, and other drivers.

Does Knoxville use weigh stations?

The Tennessee Highway Patrol Commercial Vehicle Enforcement Division states that part of its duties include “weighing commercial vehicles both at Interstate Inspection Stations and with portable scales along the highway.” There are various weigh stations throughout Knoxville.

Many states now use electronic weigh station bypass systems to weigh a truck with software while the truck drives by. Tennessee uses PrePass, which allows prequalified trucks to bypass weigh stations at highway speeds after they are electronically screened.

What damages can I receive if truck overloads/improperly loaded trucks cause accidents?

At Banks & Jones, we demand compensation for all your current damages and future damages. We work with your doctors to verify your injuries, determine what medical care you will need, and understand how much you’re hurting. We work with your employers and other financial professionals, if necessary, to assess how much income you’re losing. If you have a catastrophic injury, we work with life planners.

Our Knoxville truck overload/improperly loaded cargo attorneys will help you obtain damages for the following:

  • Medical expenses, including hospitalizations, doctor visits, and rehabilitative care
  • Income losses include compensation for a permanent disability
  • Pain and suffering
  • Scarring and disfigurement
  • Inability to enjoy life’s pleasures
  • Loss of function of any body part
  • Loss of consortium

Liable parties may even be ordered to pay wrongful death damages if a Knoxville truck accident is fatal.

Do you have a Knoxville truck accident lawyer near me?

Yes. Banks & Jones is ready to discuss your case now. Our lawyers consult with injury victims at our office located at 2125 Middlebrook Pike, Knoxville, Tennessee. If your injuries are too severe, we can make arrangements to see you at your home or a healthcare facility. We also speak with clients by phone and through online forums like Zoom.

We understand your concerns. We’re here to answer your questions and prepare you for each phase of your claim. Our office is centrally located in Knoxville.

Contact our experienced Knoxville overloaded/improperly loaded truck accident lawyers now.

When you’re in pain and your bills are mounting, Banks & Jones is ready to help. We can handle every stage of your case, including investigating the cause of the accident, filing complaints against the responsible parties, questioning everyone, negotiating your claim, and trying your case before a judge and jury. Call our truck accident lawyers now or use our contact form to schedule a free consultation. We’re ready to Fight 2 Win your case.

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