New York Trucking Laws on Unsecured Cargo

New York Trucking Laws on Unsecured Cargo

In New York, trucking laws concerning unsecured cargo are in place to protect both the truck driver and others on the road. Unsecured cargo can pose a significant hazard, leading to accidents, injuries, and fatalities. The laws surrounding the transportation of cargo aim to ensure that all goods are adequately secured during transit, reducing the risk of cargo spills, shifting loads, or debris falling off trucks. 

New York State Laws and Regulations on Unsecured Cargo

The primary legal statutes governing unsecured cargo in New York are derived from a combination of federal regulations, particularly those from the Federal Motor Carrier Safety Administration (FMCSA), and state-specific laws. In New York, unsecured cargo falls under various traffic safety and motor vehicle laws, as well as safety regulations designed to prevent hazardous materials or objects from becoming a danger to the public.

New York Vehicle and Traffic Law (VTL) § 1225-C

Under New York Vehicle and Traffic Law (VTL) § 1225-C, it is illegal for any vehicle to operate on a public highway with an unsecured or improperly secured load. Specifically, this section requires that no vehicle, including trucks, may transport cargo unless the load is properly secured. This includes items that could fall, spill, or otherwise cause a safety hazard if not fastened or contained within the vehicle.

This law applies to various types of cargo, from general freight to hazardous materials, and covers both the initial loading and unloading processes. Drivers and trucking companies are required to ensure that their cargo is loaded and secured in accordance with safety standards and regulations.

Federal Motor Carrier Safety Administration (FMCSA) Regulations

In addition to state laws, the Federal Motor Carrier Safety Administration (FMCSA) enforces regulations that apply to interstate trucking operations. These regulations set forth detailed rules on the securing of cargo. Under 49 CFR Part 393, the FMCSA mandates that all cargo transported by commercial vehicles must be properly secured to prevent shifting or falling during transit. This includes the use of appropriate tie-downs, straps, and other equipment to prevent the load from becoming loose or unstable.

The FMCSA regulations also set minimum requirements for securing specific types of cargo, such as containers, vehicles, and bulk materials, which must be followed by trucking companies operating within New York State and across state lines.

Risks and Penalties for Unsecured Cargo

Unsecured cargo presents several dangers, including road hazards from items falling off trucks, shifting loads that can cause rollovers, and impacts to other vehicles or pedestrians. In some cases, unsecured cargo can cause catastrophic accidents leading to injuries or even fatalities.

The penalties for transporting unsecured cargo in New York are substantial. According to VTL § 1225-C, fines may be imposed for non-compliance with cargo securing laws, and in cases of accidents caused by unsecured loads, trucking companies and drivers may face additional legal consequences, including liability for damages and injuries. 

New York Penal Law § 120.05, for example, could come into play if the unsecured cargo results in a reckless driving charge or if the accident causes bodily harm to others. Furthermore, if a driver or company is found negligent in securing their load, they could be subject to civil lawsuits from those affected by the accident.

In addition to fines, trucking companies or drivers may be held financially responsible for damages caused by an unsecured load, including medical bills, lost wages, and pain and suffering for those injured in the accident. If the unsecured cargo is found to be the direct cause of the crash, victims may pursue a lawsuit for compensation under New York tort law.

Liability for Unsecured Cargo Accidents

When an unsecured cargo accident occurs in New York, multiple parties may be held liable, including the truck driver, the trucking company, and even third parties involved in the loading and unloading of the cargo. The following parties can face liability for accidents caused by unsecured cargo:

• Truck Driver: The truck driver is responsible for ensuring that their vehicle is safe to operate. This includes checking that the cargo is properly secured before starting a trip. If a driver fails to secure their load, they can be held liable for any resulting accidents.
• Trucking Company: The company that owns the truck may also be held responsible for ensuring the load is properly secured. If a trucking company fails to provide proper training to its drivers or fails to follow safe loading procedures, it can be liable for accidents caused by unsecured cargo.
• Third-Party Loaders: In cases where third-party companies are responsible for loading the cargo, they can be held liable if they fail to load the truck properly or fail to secure the cargo in accordance with safety standards.

Common Types of Negligence in Cargo Loading that Cause Truck Accidents in New York

An experienced New York City truck accident lawyer will investigate and prove whether the cargo loader and/or the trucking company is liable for one or more of the following negligent actions that led to your accident:  

• Overloading beyond the truck’s gross vehicle weight rating: When a truck is overloaded beyond its rated weight capacity, it can cause the truck to become unstable, leading to accidents. This might result in tires blowing out, brakes malfunctioning, or the cargo shifting unexpectedly.
• Loading the cargo haphazardly and unevenly: If the cargo is loaded in a disorganized or uneven manner, it can cause the weight distribution to be imbalanced. This can make the truck more difficult to control, especially when turning or braking.
• Loading top-heavy cargo: When the load is stacked too high, it raises the truck’s center of gravity, increasing the risk of the truck tipping over or losing control, particularly during turns or in adverse weather conditions.
• Failure to block the cargo from sliding: Cargo that isn’t properly blocked or braced can shift during transit. This can cause the load to destabilize, leading to accidents or the cargo spilling onto the roadway.
• Stacking cargo near the flatbed trailer’s outer edge: Placing cargo too close to the outer edge of a flatbed trailer can increase the risk of it toppling off, especially when turning or driving at higher speeds.
• Failure to use proper cargo restraints: Proper restraints, like tie-downs, are necessary to secure cargo. Failing to use these restraints can result in the cargo shifting or falling off the truck, potentially causing serious accidents.
• Failure to secure the cargo tarp: A cargo tarp that isn’t properly secured can blow off during transit, spilling cargo or causing debris to fall onto the road. This could lead to accidents, especially for other drivers on the road.
• Using old or worn out ropes to secure the cargo: Using ropes that are frayed or worn can cause the cargo to become unsecured, even if the load is initially tied down correctly. This puts everyone on the road at risk.
• Using irregular cargo net that fails to cover the full load: A cargo net that doesn’t fully cover the entire load may allow cargo to slip through or shift. This increases the chances of cargo falling off the truck or becoming unstable during transport.
• Loading dangerous goods or hazardous materials without license: Transporting dangerous or hazardous materials without the proper license and safety measures can lead to serious accidents. Improper handling of such materials may result in spills, explosions, or chemical reactions that endanger the lives of others on the road.

Get Our Proven NYC Truck Accident Attorneys on Your Side

If you have been injured in a truck accident in New York, trust Michael S. Lamonsoff, "The Bull," and his experienced team at the Law Offices of Michael S. Lamonsoff to fight for the compensation you need. No matter the size of your case, we have a proven track record of securing million- and multi-million dollar settlements and verdicts. 

Mr. Lamonsoff’s recognition as a member of the Million Dollar, Multi-Million Dollar Advocates Forum, Best of the Bar and consistent inclusion in “Verdict Search’s Top New York Verdicts” speaks to our success. Contact us today, and let "The Bull" put his legal skills to work for you. Call 212-962-1020 or fill out our online contact form to schedule your free consultation.