Cargo Loading Unloading Accidents

Introduction Cargo Loading / Unloading Truck Accidents, Lawyers and Claims

Sometimes the most dangerous part of a truck’s journey takes place not on the road but at the loading/unloading dock. Truck loading and unloading docks are frequently busy locations: large warehouses stacked high with heavy – sometimes dangerous or toxic – merchandise and product filled with workers and heavy machinery like forklifts and pallet movers. The operations at a loading/unloading dock must be carefully choreographed in order to ensure no one gets hurt and that trucks are loaded and unloaded quickly. Unfortunately, this does not always occur as heavy machinery and crushing injuries on the dock are common. Not only this, but improperly loading a trailer – i.e., failing to properly distribute the weight of the cargo throughout the trailer – can make the trailer difficult to control and can contribute to a truck accident.

Injuries on the Cargo Loading or Unloading Dock

Before a tractor-trailer or other commercial truck sets out on its journey (whether that journey will take the truck across the country or merely across town), it begins at a loading dock. Here, warehouse workers and other employees load cargo into the trailer of the truck for transportation. This usually requires forklifts and other heavy machinery to retrieve heavy pallets of merchandise or goods from shelves in the warehouse and then load these pallets into the trailer. This process is fraught with peril:

• Pallets of merchandise can topple or fall over while being retrieved from shelving units, causing catastrophic or fatal crushing or struck by injuries;
• A forklift or pallet mover operator may strike a pedestrian while the operator is moving merchandise or goods from the shelving unit to the trailer;
• The forklift or pallet mover operator may suffer injury if the trailer is not properly secured to the dock and the trailer pushes away from the dock while the forklift or pallet mover is entering or exiting the trailer;
• Uneven weight distribution inside the trailer may cause the trailer to topple over, causing injury or death to anyone who is inside the trailer.

These same dangers are present when the truck reaches its destination and is being unloaded. Additionally, loose cargo may have shifted during transit, making the trailer even more dangerous for workers to unload – especially if dangerous chemicals or substances spilled and leaked during the trip.

How Cargo Loading and Unloading Errors Can Cause Accidents on the Road

A tractor-trailer or commercial truck laden with cargo is subject to the laws of physics. Many motorists have seen tractor-trailers that have tipped over because of high winds, for example. Cargo that is not loaded in a stable and even manner can cause a similar outcome. For example, consider a trailer in which much of the weight is located in the left-rear portion of the trailer. If the tractor-trailer attempts to make a sharp right hand turn (especially if he or she fails to slow down sufficiently), then the trailer is liable to tip over. Any car that may be passing along the left side of the truck may be struck and crushed – along with any occupants in the car.

Assigning Responsibility for a Cargo Loading / Unloading Accident

Whenever there is a truck cargo loading or unloading accident (or a motor vehicle crash caused by improper loading of the trailer), where the accident occurs is crucial to determining what parties may be responsible for causing or contributing to the crash. When the accident occurs at the unloading dock due to the carelessness of the company unloading the materials, then identifying the party responsible for the accident may not be challenging. But when there is reason to believe negligence or carelessness during the loading process may have played a role in the crash, the task of identifying responsible parties becomes more challenging. The location at which the truck was loaded and the company and employees responsible for loading the particular truck involved in the crash will need to be identified. Depositions with workers and supervisors will reveal which employee or employees bears responsibility for improperly loading the truck. Where the memories of individuals are lacking, camera videos, and employee timesheets and logs may provide useful information as to who may be responsible for the accident.

Let a Cargo Loading and Unloading Accident Attorney Assist You

Because there may be many individuals and/or entities who played a role in a cargo loading or unloading accident, it is important to have legal counsel assist you in investigating your case and identifying the responsible parties as this can require considerable time and resources. Stern Law, PLLC is well-equipped to help you do this and help you obtain compensation from the individuals and companies responsible for the loading / unloading accident. Call Stern Law, PLLC today at (844) 808-7529 and speak with attorney Ken Stern about your injury accident.