New Jersey Cargo Loading Accident Lawyers
Representing Victims of Improper Truck Loading and Other Types of Loading Accidents in NJ
Hundreds of thousands of deliveries are made every day. We have become a nation of online shoppers, leading to an uptick in the need for commercial transportation. Loading and unloading goods, storing them in warehouses, or transferring them from one vehicle to another can lead to serious injuries if precautions are not taken. In addition, a driver may lose control of the vehicle if the weight shifts or is loaded improperly. Trucks with uneven weight distribution can flip over or jackknife (the cab and the trailer fold into an acute angle when the trailer loses traction and slides out of control.) Bad weather with powerful winds can also cause an accident if the weight is poorly distributed or the haul inside is not safely secured.
At Cohen & Riechelson, our attorneys proudly serve individuals who have been injured during loading and unloading accidents, as well as those injured in accidents caused by improperly loaded trucks and other vehicles in East Windsor, Ewing, Hamilton, Hightstown, Hopewell, Trenton, Pennington, and throughout New Jersey. Contact us at (609) 528-2596 to discuss the details of your case.
Limitations and Requirements for Truck Loading in NJ
When an 18-wheeler is loaded, there are weight limits, and the maximum limit for a commercial truck is 80,000 pounds. According to NJ Rev Stat 39:4-77, trucks must be loaded so the contents will not spill on the roadway. There are also height and length requirements, and any vehicle hauling contents that exceed the height of the vehicle must have them properly covered to avoid accidental spillage. Weight distribution is another factor. The total weight of the truck must be equally distributed to prevent an accident.
Loading and Unloading Hazards in Warehouse Operations
Working on the docks at a warehouse can be dangerous. Forklift operators may stack too many pallets or boxes to save time, which can upend the lift. Those working near the lift may be hit or run over if they are in a driver’s blind spot. One hundred people are killed annually by forklift accidents, and more than 95,000 are injured.
Further, warehouses stacked to the roof can be dangerous places. Falling objects from several feet above can injure or fatally wound the workers below. While moving heavy objects, warehouse workers can catch their hands or feet between equipment parts, goods they are loading or unloading, or between the truck and the loading dock. Drivers who check their loads are subject to injuries if there are loose materials or if the straps, belts, and ropes are improperly placed.
Critical Safety Issues in Loading and Unloading Operations
Defective equipment, such as faulty forklifts, loose conveyor belts, pallet jacks, broken dock plates, and bad loading dock levelers, can lead to dangerous accidents. Overloading, poor weight distribution, unsecured cargo, or failing to use proper equipment to secure the items are dangerous practices. Lack of training or misusing forklifts and other equipment can also lead to accidents. Warehouses and docks with poor lighting, wet or slick floors, and docks, uneven landings, or space between the dock and the truck bed are hazards. One of the most common reasons for accidents is a lack of communication between drivers, workers, and supervisors. It takes teamwork to keep everyone safe and get the job done.
Serious Injuries from Workplace Loading Incidents
Depending on the type of accident, injuries can be mild to fatal. Sprains, pulled muscles, or nerve and joint problems from repetitive motion or heavy lifting will require medical attention. Hard hats are usually required, but head injuries can occur. A TBI (Traumatic Brain Injury) can cause memory and cognitive loss, mobility problems, and cerebral hemorrhaging. Falling material or a forklift accident can break bones and cause internal organ damage or deep lacerations. Chemical burns can occur if there is an accident related to hazardous materials. Back, spine, knee, and hip injuries occur from lifting heavy objects incorrectly.
What is Required to Prove a Loading Negligence Case?
In New Jersey, four factors must be proven to prove a party’s negligence. The burden is on the injured party (plaintiff) to demonstrate that the other party was negligent. The plaintiff has to show that the other party had a duty of care or an obligation to conduct themselves in a manner that would prevent injury. Next, that duty must be breached because they failed to use reasonable care. The breach of duty must be directly connected to the plaintiff’s injuries and the damages the injury caused.
Multiple Parties May be Held Accountable for Loading Accidents
One party or more can be held liable for a loading or unloading accident. Truck drivers and trucking company personnel are trained to place the cargo safely, maintain weight distribution, and not exceed the maximum weight. They also inspect the rig and trailer for possible flaws or worn areas. Shipping companies also need to package and label goods correctly, taking special care of fragile items or hazardous materials. Moreover, warehouse operators must keep the building free of hazards such as spills, unsafe shelving, and clogged aisles. They must adequately train employees from unloaders to forklift operators. Everyone must know how to do their job safely.
Additionally, property owners must keep all areas maintained and free from hazardous conditions such as a leaky roof, old machinery, broken or damaged materials, fire hazards, and structural damages. Equipment manufacturers can be held liable for providing faulty or damaged equipment. Several years ago, an enormous warehouse ordered new dollies for loading and unloading cargo from their smaller trucks. Shortly after, several dollies split at the joints, causing numerous accidents.
Understanding New Jersey Workers’ Compensation for Loading and Unloading Injuries
Workers’ compensation provides benefits for medical costs and lost wages when there is an accident at work. Notably, it doesn’t include pain and suffering or other damages. Sometimes, workers are injured due to a third party’s negligence, which requires the worker to file a third-party personal injury claim. Examples of third parties include the factory or the warehouse owner (if the injured party’s employer leases it). A broken hand-railing or poor lighting could be grounds for a suit if the owner knew the problem and did not act promptly. Manufacturers that make faulty equipment (such as in the example of the dollies) can also be held responsible. Transport companies whose fleets are substandard with worn cables, loose steering, bad brakes, or worn tires can also be held liable under certain circumstances.
Immediate Response Plan for Loading and Unloading Accidents
If you are injured, seek medical attention immediately. If a coworker is injured and needs help, follow the safety protocols and get them medical attention. If you are hurt at work or while doing your job, report the accident to your employer immediately. Take photos and videos of the accident site, your injuries, and the possible cause, such as a faulty part on a machine, slippery floors, fallen cargo, etc. Get contact information from as many witnesses as possible. Keep evidence of the accident, such as damaged equipment, blown tires, or other valuable proof. Lastly, contact a personal injury attorney.
Contact a Seasoned NJ Loading & Unloading Accident Attorney Ready to Help Maximize Your Compensation
Our attorneys at Cohen & Riechelson have over 50 years of experience handling truck accidents, work accidents, and other personal injury cases on behalf of injured victims. We can investigate your accident and determine whether you are eligible to file a workers’ compensation claim. Beyond that, our lawyers can also file a personal injury claim on your behalf to get you a fair settlement. Our team has successfully handled hundreds of cases involving accidents that occur both on and off the roadways, and we know how the system works. We will develop a strategy and skillfully attend to the steps necessary to get you the compensation you deserve.
Medical records, expert witness testimony, accident reports, and other evidence will be collected to support your claim and get you the compensation to which you are entitled. Our attorneys are ready to handle uncooperative insurance companies and whenever necessary, to head to court and recover damages for lost wages, medical bills, and pain and suffering. If you were injured in a loading or unloading accident in Mount Laurel, Evesham, Medford, Moorestown, Burlington Township, Edison, Woodbridge, Piscataway, New Brunswick, East Brunswick, or anywhere else in New Jersey, call Cohen & Riechelson today at (609) 528-2596 or contact us online. We will provide a free consultation and review your case and your options with you.
