If a truck accident caused by falling cargo in Southeast Missouri has seriously injured you or someone you love, it’s important to have strong, experienced legal representation in your corner to protect your rights and fight for the maximum compensation you deserve. You are likely facing immense physical pain, emotional trauma, and financial stress.

Truck accidents involving falling or spilled cargo can be devastating. When improperly secured cargo falls off a moving semi-truck, it creates an extremely dangerous situation that can cause catastrophic multi-vehicle pileups. Victims often suffer severe, life-altering injuries that bring overwhelming medical bills and lost income due to missed work.

If you find yourself in this situation, you may feel lost and unsure where to turn. But you don’t have to face this alone. At Cook, Barkett, Ponder & Wolz, our skilled SEMO truck accident lawyers have extensive experience taking on major trucking companies in complex accident claims. We are here to stand up for you.

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How Does Falling Cargo Cause Accidents?

There are many ways shifting or falling cargo can lead to devastating truck crashes:

• Direct collisions: Cargo that falls directly into the path of other vehicles forces drivers to swerve or brake suddenly to avoid a collision. This can easily cause a driver to lose control, especially at high speeds.
• Rollover accidents: Unbalanced loads make big rigs more prone to tipping over, especially on curves or in high winds. Truck rollovers often scatter cargo across the road.
• Blowouts/loss of control: Cargo that breaks loose inside an enclosed trailer can slam around with enough force to puncture tires or damage critical safety equipment. This can cause a truck driver to lose control of the rig.
• Chain reaction crashes: On busy highways, falling cargo can spark multi-car pileups as vehicles collide with each other while trying to dodge debris in the roadway. These accidents often have multiple seriously injured victims.
• Road hazards: Spilled cargo can create slick spots or other hazardous road conditions that lead to wrecks, even if drivers avoid direct contact with the fallen items. For example, hundreds of gallons of spilled milk can make roads slippery, while shattered glass can puncture tires.

Types of Trucks Prone to Falling Cargo Accidents

While any commercial truck can experience falling cargo if the load is not properly secured, some types of trucks are more susceptible to these dangerous accidents than others. The types of trucks most commonly involved in falling cargo crashes include:

• Flatbed trucks: Flatbeds are designed to haul heavy equipment, oversized loads, and materials that won’t fit in an enclosed trailer. Cargo is secured directly to the flat trailer using chains, straps, or tarps. If these securement devices fail or aren’t used properly, cargo can easily slide or blow off the trailer.
• Dump trucks: Dump trucks are used to transport loose materials like gravel, sand, and construction waste. The hydraulic lift system that raises the dump bed can malfunction, causing the load to spill onto the roadway. Overloading the truck or failing to properly secure the tailgate can also lead to falling cargo accidents.
• Logging trucks: Logging trucks carry heavy loads of timber, often on narrow, winding rural roads. If the logs are not properly secured, they can roll off the trailer and into traffic. Logging trucks are also prone to tipping over due to their high center of gravity, which can cause the entire load to spill.
• Tanker trucks: Tankers are used to transport liquids like gasoline, milk, and industrial chemicals. If the tank is punctured in an accident, the liquid can leak or spray onto the roadway and other vehicles. Liquid cargo shifts easily in transit, making tankers more prone to rollover accidents.

The Federal Motor Carrier Safety Administration (FMCSA) regulations outline unique cargo securement requirements for each type of truck. For example, logs must be secured using specialized stakes, bunks, or bolsters that meet specific strength and dimension requirements. Truck drivers and companies must ensure they are using the appropriate equipment and methods for each load.

Hazardous Materials Truck Accidents

Accidents involving trucks carrying hazardous materials (hazmat) are particularly complex and dangerous. Hazardous materials are any substances that pose a risk to public health, safety, or property when transported, including:

• Flammable liquids and gases
• Explosives
• Poisonous or toxic chemicals
• Radioactive materials
• Corrosive substances
• Biohazardous materials

When hazardous cargo spills during an accident, it can cause fires, explosions, chemical burns, and toxic exposure. Victims may suffer serious injuries or illnesses, and property and the environment may be significantly damaged. Emergency responders face additional risks when handling these dangerous substances at the accident scene.

Trucks carrying hazardous materials are subject to strict federal and state regulations beyond the standard cargo securement rules. Drivers must have special hazmat endorsements on their commercial license and receive additional training on safely handling and transporting dangerous goods.

Hazmat trucks must display diamond-shaped placards identifying the class of materials they are carrying and the associated risks. They must also carry shipping papers and emergency response information. Some hazardous cargoes have specific packaging and labeling requirements.

If the truck driver or company violates any hazmat regulations and an accident occurs, they may face stiff penalties in addition to liability for victims’ injuries. For example, failing to properly placard a hazmat shipment can result in a fine of up to $80,000.

When pursuing a truck accident claim involving hazardous materials, it is essential to work with attorneys who have experience with these highly complex cases. Multiple state and federal agencies may be involved in investigating the accident, including the Department of Transportation, Environmental Protection Agency, and Missouri Department of Natural Resources. Identifying all the potentially liable parties and sources of recovery can be complicated.

Where Do Cargo-Related Truck Accidents Happen in Southeastern Missouri?

Accidents caused by trucks losing their loads can happen anywhere, but some Southeast Missouri roads are more prone to these dangerous crashes than others. Busy highways with lots of big rig traffic tend to have the highest risk, including:

• Interstate 55
• U.S. Route 61
• U.S. Route 60
• Route 25
• Route 34

Two-lane rural roads can also be hazardous for encounters with unsecured truck cargo. Steep hills, sharp curves, and narrow shoulders make it difficult for drivers to see and avoid fallen debris.

Common Injuries in Falling Cargo Truck Crashes

Due to the size and weight of a fully loaded semi, any truck accident has the potential to cause extreme damage and catastrophic injuries. But wrecks involving falling cargo are especially dangerous, often resulting in:

• Traumatic brain injuries
• Spinal cord injuries and paralysis
• Crushed or amputated limbs
• Severe burns
• Damage to vital organs
• Broken bones
• Lacerations and puncture wounds
• Neck, back and shoulder injuries
• Soft tissue damage
• Wrongful death

Victims who survive these horrific crashes often require extensive, ongoing medical treatment and may be left with permanent disabilities that affect every aspect of their lives.

Why Are Truck Accident Injury Claims So Complex?

Truck accident injury claims are notoriously complicated for several reasons:

Multiple Potentially Liable Parties

Responsibility for a falling cargo wreck could lie with the truck driver, trucking company, cargo loading team, parts manufacturers, and others. Determining all liable parties is crucial for maximizing your recovery.

Overlapping Jurisdictions

Different laws may apply depending on the location of the crash and the origin and destination of the cargo. For example, interstate haulers must follow specific FMCSA cargo securement rules.

Aggressive Insurance Tactics

Trucking and insurance companies have teams of lawyers focused on paying out as little as possible to injured crash victims. It’s critical to have an attorney who can go toe-to-toe with them in negotiations or in court.

Proving Liability in a Truck Crash from Falling Cargo

Proving liability in a truck accident case requires an in-depth investigation and extensive evidence, such as:

• Truck driver logs and personnel records
• Trucking company hiring, training, and maintenance policies
• Cargo loading and inspection records
• Truck “black box” data
• Cell phone records
• Accident scene evidence
• Police reports
• Witness statements
• Video footage
• Expert witnesses for accident reconstruction and analysis

At Cook, Barkett, Ponder & Wolz, we have extensive experience conducting intensive investigations to uncover the evidence needed to prove liability and win maximum compensation for our clients. We frequently work with accident reconstruction specialists, medical experts, financial planners and other professionals to build the strongest possible case on your behalf.

What is the Missouri Statute of Limitations for Truck Accident Claims?

In Missouri, you have five years from the date of the crash to file a personal injury lawsuit against the parties responsible for your injuries. If a loved one died in a falling cargo truck wreck, you have three years from the date of death to file a wrongful death claim.

While this may seem like plenty of time, it’s important to speak with a truck accident attorney as soon as possible to get your case started. Crucial evidence can be lost or destroyed in the days and weeks after a crash. The sooner your legal team can start investigating, the better. Additionally, truck accident claims often take significant time to investigate and prepare before they are ready to be filed.

If you miss the filing deadlines, the court will likely dismiss your case. This means you lose your right to recover any compensation for your injuries and losses. Don’t delay—the clock starts ticking the moment the accident happens.

Why Work with a Local SEMO Truck Accident Attorney?

After a serious truck crash, you need a strong legal advocate who understands the complexities of your case and the ways a catastrophic injury affects your life. Working with a local lawyer offers many benefits:

• Knowledge of local roads and traffic patterns: Our attorneys drive the same Southeast Missouri highways as you and your family. We know where crashes are most likely to happen and how local infrastructure and conditions contribute to wrecks.
• Familiarity with the local court system: We have well-established relationships with Cape Girardeau and SEMO judges, defense lawyers, expert witnesses, and others involved in your case. We know their schedules and preferences, which helps us devise the most effective case strategy.
• Convenience during your recovery: We are easily accessible if you have questions or concerns about your case. If your injuries make travel difficult, we can come to your home or hospital room to discuss your claim.
• Investment in the local community: Our lawyers live in the communities we serve. We are your neighbors and care deeply about making Southeastern Missiouri safer for everyone. When you work with Cook, Barkett, Ponder & Wolz, you get a law firm that is truly invested in fighting for you.

Contact Our Cape Girardeau Truck Accident Attorneys Today

If you have been hurt or lost a loved one in a falling cargo truck accident in Southeast Missouri, contact Cook, Barkett, Ponder & Wolz today for a free consultation. Our knowledgeable attorneys can answer your questions and help you understand your legal options for recovering fair compensation for medical expenses, lost income, pain and suffering, and other damages. We handle truck accident cases on a contingency fee basis, so you pay no upfront costs and no attorney fees unless we recover money for you.

Our main office is conveniently located across from the Osage Center and northwest of Southeast Missouri State University. Our legal team is available to help injured truck accident victims and their families in the communities of Sikeston, Scott City, Poplar Bluff, and beyond.

Call or visit our office today for a free consultation to discuss your case and learn how we can help you get your life back on track. You can reach us at 573-335-6651 or contact us online now.

Schedule A Free Consultation Today!