Chicago Falling Cargo Truck Accident Lawyer

Holding Truckers and Cargo Handlers Responsible for Falling Load Crashes

In a city as big as Chicago, cargo must be moved frequently and efficiently, and this is typically done with commercial vehicles. However, cargo trucks can be involved in serious accidents that cause injuries to other drivers, passengers, and pedestrians. If you have been hurt in a collision because of unsecured cargo, a falling cargo truck accident lawyer can help you seek fair compensation for damages like lost wages or medical expenses.

Chicago Injury Center is a top-rated firm in the Windy City handling personal injury law claims. Our team will investigate your accident, gather evidence, and negotiate for the maximum settlement.

Falling Cargo Truck Accident Settlements & Verdicts Recovered by Our Law Firm in Chicago

$720,000 – On I-294 near the Bensenville rail yards, Carla was rear-ended by a semi hauling a double trailer. Investigators found the truck’s rear trailer carried an unbalanced load, contributing to its inability to stop in time. Initially thinking she was fine, Carla later required surgery for a cervical disc herniation. Settlement factors included the proven load imbalance and her permanent physical limitations.

$800,000 – While making a delivery stop along a West Side construction supply route, Frank, a 63-year-old plumber, was standing nearby as workers unloaded copper and iron pipes from a flatbed. Improperly secured materials shifted and rolled onto his ankle, causing crush injuries that ended his 44-year plumbing career. Expert testimony on faulty load restraint and unloading practices significantly increased the case value.

Why Choose Chicago Injury Center

Our firm has plenty of experience holding truck drivers, trucking companies, and other parties accountable for accidents involving cargo issues. Chicago Injury Center has an A+ grade from the Better Business Bureau, and we are recognized among the top 5% of attorneys by Super Lawyers.

What Are the Most Common Causes of Falling Cargo Trucking Accidents in Chicago?

Poorly loaded cargo accidents can have numerous causes, including:

• Improperly secured or unbalanced cargo
• Use of inadequate tie-downs or fasteners
• Cargo shifting during turns or sudden stops
• Loading crew or trucking company negligence
• Deferred maintenance on securement devices
• Aggressive driving or speeding that compromises load integrity

What Catastrophic Injuries Result from Falling Cargo Crashes?

Any collision with a large commercial truck can result in severe injuries. Here are some of the most common injuries resulting from loose cargo accidents:

• Traumatic brain injuries (TBIs)
• Spinal cord damage and paralysis
• Back injuries
• Fractures, crush injuries, and amputations
• Internal organ damage or bleeding
• Permanent scarring
• Emotional trauma
• Fatalities in catastrophic cases

What Damages Can Victims Recover in Chicago?

Economic Damages

• Lost income
• Medical bills
• Future medical expenses
• Property damage

Non-Economic Damages

• Emotional distress
• Pain and suffering
• Loss of normal life

Punititve Damages

• For cases of gross negligence or reckless misconduct

What Is the Average Falling Cargo Accident Payout in Chicago?

Factors that will affect your settlement value include injury severity, liability concerns, legal damages, and insurance policies.

The average settlement for this type of accident is $15.33 million, with a range of $150,000 to $63.4 million.

Example Falling Cargo Accident Cases Filed in Cook County

In 2012, Fletcher was driving his SUV on an interstate. A pickup truck nearby was pulling a trailer with a skid steer on top when the trailer swung out and hit Fletcher’s vehicle, causing serious neck and back injuries. He sued the truck driver and their employer for failing to use proper loading and driving techniques when hauling loaded cargo for commercial purposes. Fletcher received $1.16 million.

In 2001, Allen was driving on an interstate with his wife and son when the vehicle got a flat tire. While he was changing the tire, a flatbed truck with two cherry-picker lifts on the back drove past. One of the lifts struck Allen, severing his leg at the knee, and the parked vehicle, causing it to burst into flames. Allen’s son died in the fire. Allen and his wife sued the driver and their employer for failing to secure the loaded cargo, winning $15.6 million.

Why You Need an Experienced Truck Accident Attorney

Loaded cargo must follow very strict standards for securement under Illinois law. However, proving negligence and holding certain entities accountable can be challenging.

Chicago Injury Center can investigate loading records, assess FMCSA compliance, and inspect physical evidence to build a strong case after such an accident.

How Common Are Falling Cargo Accidents in Chicago?

In 2023, 24 crashes in Chicago were caused by cargo defects. Two of these truck accidents resulted in serious injuries.

Across the country, 5,700 large trucks were involved in fatal crashes in 2021. Of these accidents, roughly 3% of the trucks were carrying hazardous materials in their cargo holds.

Where Do Falling Cargo Accidents Occur Most Often in Chicago?

Cargo accidents with commercial vehicles can occur all over Chicago, but the following locations are more prone to risks:

• Around freight terminals and delivery zones
• On expressways during rush hour
• At interstate ramps
• Near large-scale retail distribution areas (south or west suburbs routes)

What Laws Govern Falling Cargo Personal Injury Claims in Chicago?

625 ILCS 5/15 (Illinois Vehicle Code) – The trucking company, loader, driver, and other parties must adhere to specific standards regarding load weights, capacity, securement, and driving speeds.

FMCSA Cargo Securement Rules (49 C.F.R. § 393.100–140) – Federal standards enforce safe loading and securing to prevent dangerous situations.

How Long Do I Have to File a Lawsuit Under Illinois Personal Injury Law?

Personal injury claims – 2 years from the date of the accident (735 ILCS 5/13-202)

Wrongful death lawsuits – 2 years from the date of the victim’s death (740 ILCS 180/)

Who Can Be Held Liable for Falling Cargo Accidents?

Determining liability will influence the outcome of your case. Here are some potentially liable parties in a trucking accident:

• Truck driver
• Trucking company (vicarious liability)
• Cargo loaders
• Maintenance services
• Equipment suppliers
• Manufacturers of defective securement devices

Common Defenses in These Cases

The defendant in your case may use several arguments to undermine your case:

• Claiming that cargo was properly secured and shifted due to an unforeseeable road hazard
• Other vehicles forced the semi-truck into evasive maneuvers
• Asserting that the victim is partially at fault

How to Strengthen Cases Against Commercial Trucking Companies

You can build a stronger claim by following these steps immediately after the truck crash:

• Seek immediate medical treatment
• Take photos of the accident scene
• Keep medical records
• Preserve evidence
• Consult the best legal team in Chicago

How a Chicago Lawyer Can Help in Cases Involving Improperly Loaded Cargo

Skilled legal representation from Chicago Injury Center can provide the following legal services:

• Determining all responsible parties
• Securing FMCSA compliance records
• Hiring reconstruction and cargo-securement experts
• Negotiating with insurers
• Litigating when necessary

FAQs

How much do truck accident attorneys cost in Chicago?

We work on a contingency fee basis, which means you owe nothing unless we win.

Can a loader be liable rather than the driver?

Yes, cargo loaders can share negligence if they loaded the materials improperly.

What if I was partially at fault?

Under state law 735 ILCS 5/2-1116 (Comparative Negligence), pursuing compensation is still allowed if you are no more than 50% at fault.

Book a Free Initial Consultation

Semi-trucks, flatbed trucks, and other commercial vehicles must be loaded safely. If a trucking company fails to do so, other drivers may be placed in harm’s way.

If you have been hurt in a falling cargo truck accident, our law firm will help you fight for maximum compensation. We charge no fees unless we win your claim.

Contact us today to schedule a free consultation with an expert truck accident lawyer.