Truck Driver Injured by Improperly Loaded Cargo

Michael Talve, CEO

Written by
— Updated on January 6, 2022

tractor accidentThis case involves a thirty-seven-year-old female truck driver who was injured while performing a routine safety check on the load she was contracted to transport. The truck driver was hired by an independent logistics company to drive their pre-loaded trailer to a specified destination. The contracting company loaded and secured the product on the trail. The company was also the manufacturer of the product that was being shipped. Before starting the trip, the plaintiff reviewed the contents of the truck. During the inspection, one of the straps holding the materials in place snapped, causing the truck’s contents to fall on the plaintiff. As a result, she sustained a broken wrist and two cracked ribs. She also broke her leg in two locations. Following the injury, it was determined that the strap which broke was not made by the contracting company, but rather a third party who recycled the strap and improperly repaired it.

Question(s) For Expert Witness

  • 1. What procedures should the logistics company have had in place to ensure that the products were safely secured, and how can the company's compliance (or lack thereof) be discovered?

Expert Witness Response E-006669

Transporting goods from one location to another can be dangerous. The utmost care is needed in order to ensure the safety of those shipping the goods, as well as surrounding parties. Previous safety inspection records of the truck should be examined to help discern the reliability and safety issues in play. Issues like the shape of the truck and available strap latches all factor into how much stress is placed on the individual straps. Both should be factored into any transportation decisions. Also, examining the usage and storage records of the strap in question would be useful. Over time, most rubber straps lose strength and have to be stored in an appropriate manner to ensure that they are safe to use in the future. Lastly, questioning the personnel who were responsible for handling and utilizing the strap could provide useful information. The company should have extensive training and safety procedures to ensure that the harms inherent in handling items of great weight can be mitigated. These include multiple workers verifying that the items are secured, properly, recording all inspections done when loading materials, and continuously updating employees on safety practices. By looking at these factors, the company’s compliance (or lack thereof) with relevant procedures can be uncovered.

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