If heavy cargo is not loaded and balanced properly, it can easily cause a commercial truck to become highly unstable while driving at highway speeds. Strict federal and state rules regarding cargo securement exist specifically for this reason.

Federal Cargo Securement Standards

Commercial drivers are strictly prohibited by 49 C.F.R. Section 392.9 from operating a truck unless the cargo is evenly distributed and adequately secured. Drivers are legally required to inspect their cargo within the first 50 miles of their journey, and then at highly specified intervals after that. Furthermore, 49 C.F.R. Part 393 Subpart I lays out the complex engineering rules on properly securing cargo within a trailer. These rules dictate the minimum amount of tie downs based on cargo length and weight, and establish unique protocols for securing heavy items like lumber, metal coils, and heavy construction equipment.

The Danger of Hidden Cargo Shifts

Cargo loading issues frequently cause severe accidents because improperly secured cargo is hidden inside the box trailer. Everything may look perfectly fine from the outside. However, if the weight shifts inside the trailer and is not balanced properly, the driver will instantly lose control during one hard stop or evasive turn. It is critical to note that the driver may not be the one who actually loaded the truck. Many trucking companies utilize a completely separate third party cargo loading company. When this happens, we aggressively pursue this second entity for their role in causing the crash.

State Specific Weight Limits

Some individual states enforce additional weight and axle limits far beyond what the FMCSA requires. Our attorneys use these state laws to your distinct advantage. In Texas, commercial vehicles must comply with strict size and weight limits regarding width, overall height, length, and gross combined weight. If a massive truck exceeds these strict state limits or drives on a local road heavily restricted to trucks, it is operating illegally. That specific legal violation is utilized as direct, undeniable evidence of negligence to secure your maximum compensation.