Loose cargo in commercial and noncommercial trucks is a common cause of vehicle crashes throughout Kentucky. When cargo unexpectedly enters the roadway, many drivers instinctively swerve into another lane without warning. In moderate or heavy traffic, these emergency maneuvers can result in serious collisions. Overloaded trucks also contribute to hazardous conditions as excess weight affects a vehicle’s stability, braking performance, and overall handling. These loose cargo accidents and road debris accidents can lead to severe injuries, and when negligence is involved, a Kentucky road debris accident lawyer can help victims pursue the compensation they deserve.
A driver’s duty of care extends beyond observing traffic laws and operating a vehicle safely. It also includes securing items in a pickup bed, properly attaching trailers, and ensuring commercial loads meet safety standards. When a breach of duty causes harm, a Paducah personal injury lawyer may pursue compensation on behalf of the crash victims. Recoverable damages may include medical expenses, lost income, and compensation for pain and suffering.
Unsecured Loads and Loose Cargo Accidents
Both commercial and noncommercial drivers are required to secure cargo in a reasonable manner consistent with manufacturer instructions and industry standards. These safety requirements sometimes impose fastening rules or weight limitations that are considerably lower than a vehicle’s maximum rating. Unfortunately, many drivers push those limits, increasing the risk of cargo shifts and roadway hazards.
When improperly secured cargo comes loose, it can trigger a variety of loose cargo accidents:
- Visibility Issues: When cargo strikes a vehicle’s windshield, the driver’s view is obstructed and attention is diverted from the roadway, increasing the likelihood of losing control.
- Debris Collision: When a driver hits fallen cargo, a Paducah personal injury lawyer will need to prove the origin of the material. Kentucky’s civil standard is a preponderance of the evidence, which means even modest proof, such as a witness who saw an overloaded or improperly secured vehicle shortly before the crash, may be enough evidence to meet this burden.
- Driver Over-Reaction: Drivers often oversteer when attempting to avoid loose cargo in the roadway. As they try to regain control, this overcorrection can cause the vehicle to spin-out or collide with nearby traffic.
In some situations, debris does not fall from a vehicle at all. Debris may remain on the road after a prior collision or after an incomplete cleanup, which may transform the situation into a road debris accident. A Murray or Paducah personal injury lawyer may pursue compensation in these cases as well.
Contractors and road crews have a duty to clear their work areas, and local and state governments are required to maintain reasonably safe roadways. This responsibility includes removing debris that places motorists at risk.
Kentucky’s updated roadside safety law, KRS 189.930, requires drivers to move over or slow down when approaching any stopped vehicle displaying flashing lights – including emergency responders, road crews, and cleanup teams. This law provides additional protection to those clearing debris after an accident and helps ensure safer roadway conditions for everyone.
Overloaded Trucks and Collision Risks
Even when cargo remains secured, dangerously overloaded trucks can create conditions that contribute to both loose cargo accidents and road debris accidents. Some common risks may include:
- Longer Stopping Distances: Excess weight increases the distance required to stop, limiting a driver’s ability to avoid a crash.
- Brake Issues: Braking systems are designed for particular load ranges. When those limits are exceeded, the braking components may overheat or fail.
- Tire Issues: Excessive weight places intense pressure on tires, increasing the risk of blowouts, tread separation, and rapid overheating.
These conditions can heighten the risk of multi-vehicle crashes, especially on highways or during unfavorable weather. A Kentucky road debris accident lawyer may review weight records, maintenance logs, and safety reports to determine whether overloading contributed to the collision.
Resolving Loose Cargo and Road Debris Accident Claims in Kentucky
Most loose cargo accident claims and road debris accident claims resolve through settlement rather than trial. Settlements offer faster, more predictable outcomes and typically result in prompt payment by insurers.
Settlement negotiations generally begin once the majority of medical treatment has been completed. Settling too early may leave crash victims responsible for future medical costs if their injuries require ongoing care.
Key evidence in loose cargo accidents and road debris accidents may take time to secure. This may include internal trucking communications authorizing heavy loads and roadway camera footage capturing unsecured or overloaded vehicles near the accident scene. While delays may be frustrating, gathering comprehensive evidence is important when pursuing full compensation.
Contact the Lawyers at Saladino & Schaaf, PLLC
Loose cargo accidents and road debris accidents cause thousands of injuries each year in Kentucky and can lead to long-term medical and financial hardship. If you were hurt in one of these incidents, the team at Saladino & Schaaf, PLLC is ready to help.
Contact us today. Your first consultation is always free. Call (270) 444-0406 (Paducah) or (270) 753-1529 (Murray). We help injured victims across Western Kentucky. Our offices are conveniently located in Paducah and Murray.