The Danger Of Unsafe Loading In Indianapolis
Last updated on February 7, 2025
Our Indiana truck accident lawyers at Parr Richey Frandsen Patterson Kruse LLP have developed a notable reputation for their commitment to personal injury law, having concentrated their practice in this area for over 40 years. We have fought for the rights of numerous truck accident victims injured by unsafe loading and other acts of negligence. Our offices are conveniently located in Lebanon and Indianapolis to serve personal injury and wrongful death victims across the state.
Safe Loading Of Trucks
Workers loading trucks suffer some of the highest incidents of occupational injury and death in the United States. Unsafe loading and dangerous materials pose an even greater hazard to unwary travelers on the road. For this reason, the Occupational Safety and Health Administration regulates the off-highway loading of trucks traveling between marine and airport terminals, shipyards, railroads, industrial plants and retail locations to serve industries such as those involving:
- Logging
- Oil and gas
- Meat packing
- Grain handling
- Beverage delivery
- Grocery warehousing
The Federal Motor Carrier Safety Administration likewise sets forth regulations for cargo securement. Indiana laws reflect federal regulations by requiring the safe loading and unloading of trucks traveling through interstate commerce. Commercial vehicles on Indiana roads are subject to numerous requirements to prevent articles from shifting or falling from trucks.
What’s Supposed To Keep Cargo Secure
Federal and state laws require most cargo-carrying trucks to firmly secure loads and even prescribe performance criteria that cargo securement systems must follow. These involve forces associated with forward deceleration and rear or lateral acceleration. Other requirements for proper securement devices include:
- Cordage
- Rub rails
- Tiedowns
- Wire ropes
- Steel straps
- Alloy chains
- Shoring bars
- Header boards
- Anchor points
- Blocks, bracing
- Front-end loading
- Synthetic webbing
- Working load limits
Cargo must be firmly secured either on or within the truck by structures of adequate strength to support the load, requiring sufficient loose material to protect cargo and inflatable bags between the cargo and the walls of the commercial vehicle. More detailed rules govern the loading of specific commodities, including:
- Firewood
- Metal coils
- Concrete pipe
- Large boulders
- Dressed lumber
- Cars, trucks and vans
- Intermodal containers
- Flattened, crushed vehicles
- Heavy equipment, machinery
The devices securing cargo must be at least half the weight of the loaded articles. This requires a sufficient number of ties strong enough to secure the cargo. Safe loading rules are more stringent for mixed or heavier cargo, such as girders, trusses, cranes, and steel or concrete beams. Failure to comply with these regulations may result in personal injury liability.
Who Takes The Liability After An Accident?
Indiana law protects victims injured in truck accidents caused by unsafe loading. Negligent drivers and employees who fail to properly secure cargo expose others to injury from falling debris. Whether the damage comes from loose gravel or heavy boulders, at-fault parties must provide compensation for the loss. Because businesses are liable for the negligent acts of the drivers and workers they employ, they are also responsible for damages. Successful claimants are often entitled to compensation for lost income, medical expenses, pain, suffering, and other benefits resulting from personal injury or wrongful death.
You can set up a free consultation by reaching out Parr Richey Frandsen Patterson Kruse LLP through our contact form or by phone at 317-505-1342. Our phone lines are open 24/7.