The Nevada Department of Transportation imposes strict regulations and cargo securement rules on truck drivers and trucking companies. However, many truckers continue to violate these rules and increase road safety risks for themselves and other drivers operating on Las Vegas roads, bridges, and highways.
Improper cargo securement can lead to serious vehicle and truck accidents, such as vehicle collisions, rollovers, roadside collisions, and environmental hazards like hazardous material spilling. If you’ve been a victim of a truck accident caused by cargo securement violations, contact a Las Vegas law firm immediately.
An experienced Las Vegas truck accident lawyer can help you get maximum compensation for damages, such as medical bills for injuries sustained and car repairs, among others. In this post, we’ll share how Las Vegas law firms and truck accident lawyers hold trucking companies responsible for cargo securement violations.
Common Cargo Securement Violations in Nevada’s Thriving Trucking Industry
Below are some of the most common ways local and out-of-state truckers and trucking companies violate cargo securement rules:
1. Inadequate Cargo Restraints
Truckers, especially those transporting cargo on open-deck trailers like flatbeds and lowboys, must secure cargo with straps, tie-downs, and other restraining tools. However, violations can occur when these restraints are inadequate, increasing the risk of falling cargo and truck accidents during transit.
2. Damaged or Worn Securement Equipment
The FMCSA mandates truckers to use straps and chains in good condition. Hence, cargo securement violations can occur when these tools or equipment are damaged, worn, or compromised. They can easily break during transit and set the cargo loose onto approaching vehicles or the road, increasing the risk of serious collisions.
3. Overloading
Overloading is a serious violation in the trucking industry. It affects the truck’s maneuverability, braking distance, and structural integrity. Moreover, it also damages the road infrastructure. Both factors significantly increase the risk of accidents, especially if the excess cargo falls from the trailer due to improper securement.
4. Excessive Cargo Protrusion
Also known as trailer overhang, excessive cargo protrusion is when the cargo exceeds the standard length of a trailer. Violations occur when truckers fail to mark or flag their trailers, increasing the risk of front or rear collisions, as drivers aren’t adequately warned of the protrusion.
How Las Vegas Law Firms and Truck Accident Lawyers Hold Trucking Companies Responsible for Cargo Securement Violations
Las Vegas law firms and truck accident lawyers play a significant role in holding truck drivers and companies liable for cargo securement violations and corresponding accidents. Here’s how they ensure accountability and protect the rights of truck accident victims:
1. Thorough Investigation
Las Vegas truck accident attorneys investigate incidents involving truck accidents influenced by cargo securement violations. They gather relevant evidence, including (but not limited to):
- Accident scene documentation
- Photographs and videos
- Truck and trailer maintenance records
- Cargo loading records
- ELD records for HOS violations
- Witness statements
- Driver statements
- Cabin and dash cam footage
- Expert testimony
- Vehicle inspections, etc.
Using this information (and more), they build their case and establish liability.
2. Regulatory Compliance
Next, Nevada truck accident lawyers assess whether the driver or trucking company complied with state and federal USDOT regulations governing cargo securement. Violations can strengthen their case and accelerate the settlement and litigation process.
3. Negotiation
Following the legal counsel, evidence gathering, and compliance assessment, attorneys file a Nevada truck accident lawsuit in a district court on behalf of their client. Both parties then present evidence and proceed to settlement negotiations for medical expenses, vehicle repairs, and other damages.
4. Litigation
Many large trucking companies with experienced legal teams don’t accept responsibility or offer a fair settlement. In this case, truck accident lawyers can take the case to a trial, where they’ll present evidence, witness statements, and arguments in front of a judge or jury.
5. Verdict
If you win your case, the court will prompt the responsible party to compensate you for damages outlined in your lawsuit. Many experienced attorneys also demand punitive damages to prompt truckers to be more responsible and ensure road safety when operating heavy-duty vehicles in Las Vegas, Summerlin, Henderson, and other Nevada cities.
Contact a Las Vegas Truck Accident Lawyer Right Away!
The Bourassa Law Group understands how serious truck accidents in Nevada are. Therefore, our Las Vegas law firm offers a dedicated team of Las Vegas truck accident lawyers experienced in litigating accidents involving heavy-duty vehicles.
So, contact our team at 800-870-8910 to speak to a Las Vegas truck accident lawyer. We’ll discuss your case and plan the litigation accordingly.
1-800-870-8910