Great danger today for Chicagoland large truck accidents caused by cargo shifting due to combined heavy truck traffic volume and so many road work construction projects.
Today’s reality across the country, but especially in our local Great Lakes area and here within Chicagoland, is the unacceptably high risk of being severely injured or killed in a semi-truck crash on our highways or interstates. It is a complex problem that some may consider at crisis levels. Unfortunately, there is not a simple resolution to making things safer for truck drivers; their rig occupants; other vehicle drivers and passengers; motorcyclists; and pedestrians on our roadways.
Read, Illinois and Indiana: Both Top 10 States for Most Truck Crash Fatalities; and Why Are There So Many Serious or Fatal Semi-Truck Accidents in Chicagoland? Also read, “Why are truck crash fatalities elevated?” written by Jenny Glasscock and published by Freight Waves on June 30, 2023.
Why do so many of these semi-truck crashes happen here? Each accident is different, and it can take months after a deadly semi-truck crash to determine all the reasons for why the tragedy occurred. Experts in accident reconstruction (“re-constructionists”) may discover more than one contributing factor in the event (such as faulty brakes combined with icy weather conditions). See, e.g., Black Box Data in Serious or Deadly Semi-Truck Crashes.
However, a common cause of many severe semi-truck accidents in Chicago, as well as throughout Illinois, Indiana, and our entire “Crossroads of America,” is the cargo or goods that are being transported within the rig. There are times when the freight itself is the reason for the catastrophic truck accident.
This can be caused by the rig being overloaded with goods and being tasked with carrying a load over its weight limits. See, Overweight or Overloaded Semi Truck Accidents: Growing Danger of Fatal Crash. It can also happen when the load is improperly loaded or secured inside the truck itself.
The Force of Moving Freight: Shifting Cargo Loads Can Result in Variety of Accidents
When the cargo freight being transported in a semi-truck, big rig, 18-wheeler, or tractor-trailer suddenly moves without warning, even if the truck is moving a very low speeds, the results can be horrific. The weight of the load can redistribute with enough force that the truck driver is left without recourse. Dangerous roadway conditions can also contribute to these shifting freight crashes. See, Vlkovský, Martin, and Petr Veselík. “Cargo securing—Comparison of different quality roads.” Acta Univ. Agric. Silvic. Mendel. Brun 67 (2019): 1015-1023.
The trucker simply may not be able to control the vehicle and the freight. The shifting load can be the proximate cause of catastrophic accidents that include:
- Semi-truck crashes when the movement of the cargo blocks the trucker’s ability to control the rig, as it swerves, turns, or sways into other cars, embankments, utility poles, etc.;
- Multi-vehicle crashes on highways caused by cargo spills on the roadway that may not involve the cargo-carrying truck itself;
- Rear-end collisions or underride accidents where other motor vehicles slam into the truck suffering a shifting load as the trucker is trying to deal with gaining control of the semi-truck’s unexpected movement caused by the unstable cargo;
- Rollover accidents where the sudden movement of the shifting freight within the semi-truck is so forceful and fast that the entire truck topples over onto its side; and
- Jackknife crashes where the cab of the rig ends up at a sharp angle to the cargo-holding trailer that has been thrust or swung out of tandem with the tractor due to the force of the shifting load.
For more on the danger and severity of these types of semi-truck crashes, read our earlier discussions in:
- Different Types of Fatal Semi-Truck Accidents and Tractor-Trailer Crashes;
- Jackknife Semi-Truck Crash: Deadly Danger on Indiana and Illinois Roads;
- Fatal Truck Crashes: Will Congress Pass the Stop Underrides Act?
- Side-Impact Crashes: Fatal T-Bone Accidents and Sideswipes Involving Semi-Trucks and Other Motor Vehicles; and
- Rollover Danger: What You Need to Know Driving Roads in Indiana and Illinois.
FMCSA Rules on Truck Cargo: Securing Different Commodities
Of course, there are laws, rules, and regulations that control how goods and cargo are placed, stored, and secured on any rig that moves throughout the United States. The Federal Motor Carrier Safety Administration (FMCSA) has long-established cargo securement rules. While these apply only to semi-trucks moving within “interstate commerce,” most rigs in Chicagoland and the rest of the “Crossroads of America” qualify as operating within interstate commerce and accordingly, have to comply with the federal regulations.
The federal rules mandate that all large truck cargo is to follow specific procedures and protocols to make sure that the freight does not shift, move, or fall while in transit. Things like tiedowns are required. Other industry-specific cargo securement devices may be needed. Paper rolls will not need the same thing as concrete pipe to be safely secured from shifting on a rig. See, 49 CFR §393.116 et seq.
Liability for Truck Crash Caused by Shifting Load or Unsecured Cargo
After there has been a serious truck crash caused by an unsecure load, legal analysis must be done by advocates for the accident victims and their loved ones to determine who may have legal liability for what has happened. Each accident must be given its individual respect, and experts will need time to gather the facts, perform their analysis, and compile their final opinions and expert report.
Determinations may be made by others as well, such as the owner of the rig itself; law enforcement and agency regulators; insurance carriers and their defense counsel; and shippers, distributors, and owners of the freight.
Those determinations may not jive, with fingers pointing at multiple parties including:
- The driver of the semi-truck where the load shifted, moved, or fell
- The trucking company that owns the tractor, the trailer, or hired the trucker
- Others who may own or lease the tractor or the trailer
- The company responsible for loading the freight onto the semi-truck
- Members of the loading crew
- The manufacturer of the truck
- The manufacturer of the trailer
- The broker handling the shipment on behalf of the good’s owner
- The owner of the goods being transported
- The designer, manufacturer, seller, or distributor of the tiebacks or other cargo securing device
- The owner of the roadway or adjoining property at the accident site.
There will be situations where one party is found to be 100% responsible, as for instance in a product liability case based upon a defect in the cargo securing device that failed in transit. However, in many semi-truck crashes, both factual analysis and legal research will confirm that more than one party is legally accountable for the accident and its aftermath.
It will be the responsibility of the truck crash victim and their loved ones to seek justice with personal injury claims for damages pursued against all those who may share legal liability for their harm. These claims must be built with sufficient evidence to prove both liability and damages, and they must be filed before the legal deadline set in the state statute of limitations or the claims will be barred by law.
Justice for Victims of Shifting Load or Moving Cargo Truck Crashes
After a serious or fatal semi-truck crash involving shifting cargo or freight, the accident victim and their loved ones may have legal redress against not only the trucking company, but other parties including any third-party loader or supplier who had some responsibility for placing the cargo on the truck. State laws based upon negligence, workers’ compensation, product liability, premises liability, or wrongful death laws may come into play.
Having an experienced personal injury attorney with a history of successfully representing victims of severe truck accidents can be invaluable in these matters. Shifting cargo accidents often involve several parties sharing responsibility for a tragedy.
Sadly, most of the time these companies, their insurance carriers, and representatives will be more interested in minimizing or avoiding their financial responsibilities than for seeing that true justice is done.
For more on Illinois truck crash legal representation, read:
- Nuclear Verdicts in Fatal Semi-Truck Crashes;
- Truck Safety Coalition Releases 50-Page Report Denouncing Trucking Industry’s Position on Nuclear Verdicts;
- Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases;
- How To Choose the Right Personal Injury Lawyer for You and Your Family;
- Trial Tactics for Plaintiff Semi-Truck Accident Claims: a Practical Guide from Investigation to Trial;
- What To Do After Serious Semi-Truck Crash: Weeks and Months Following the Accident; and
- What To Do After a Serious Semi-Truck Crash: The First 48 Hours.
For more details on semi-truck accidents read:
- Semi Trucks and Big Rigs: High Indiana and Illinois Commercial Truck Traffic Creates Dangerous Conditions;
- Trucking Companies Liable for Semi-Truck Crashes in Indiana and Illinois;
- Semi-Truck Crashes: Who Can Be Held Legally Responsible for Commercial Trucking Accidents in Indiana and Illinois? and
- Danger of Fatal Semi-Truck Crashes in Indiana and Illinois and the 2021 Infrastructure Bill.
Everyone riding on the roads of Chicagoland, as well as Illinois and Indiana, faces a shockingly higher risk of a deadly truck accident than in other parts of the country, due to the high volume of commercial truck traffic here as well as the current volume in road construction infrastructure projects throughout Illinois. Please be careful out there!
