Unsecured cargo on Washington roads can spill and cause serious accidents. Victims may face hidden injuries, high medical costs, and long recovery times. Knowing the state’s load securement laws, gathering evidence quickly, and contacting a lawyer experienced with commercial trucking practices helps protect your rights and maximize compensation.
What To Do If An Unsecured Load Causes An Accident in Washington State
Transporting bulky items is common in Washington, but loads must be secured to prevent a serious car accident. Cargo can escape when straps loosen, weight shifts, or coverings tear at highway speeds.
In Spokane and surrounding areas, Gilbert Law Firm has seen unsecured cargo contribute to truck accidents, pedestrian accidents, and motorcycle accidents. Victims frequently experience delayed injuries like concussions or internal damage that appear hours or days later.
Understanding the top causes of truck accidents, key Washington car accident laws, and the value of your car accident claim helps you make informed decisions after a cargo-related crash.
Washington Laws on Unsecured Loads
Washington and federal rules are designed to keep cargo inside vehicles and off the roadway. Failing to secure a load can lead to fines, liability, and, in some cases, criminal charges.
Key requirements include:
- WAC 296-865-30020(1). Trucking operators must secure and distribute loads while considering road conditions and the capacity of bridges, trestles, and other structures.
- RCW 46.61.655. Vehicles must use tarps, netting, tie-downs, or chains so materials do not fall onto the roadway.
- RCW 70A.200.120. Loads headed to landfills or transfer stations must be secured or the vehicle may be fined.
Winter contributes to loss of control events and debris spread, and car accidents on slippery roads illustrate how visibility and traction problems complicate liability when cargo spills.
Consequences of Transporting an Unsecured Load
Criminal and civil exposure can be significant.
Possible penalties:
- Property damage can result in fines and potential jail time depending on the circumstances.
- Bodily injury or death can lead to enhanced penalties and longer incarceration.
Civil compensation that an injured person may seek:
- Medical expenses and future treatment
- Lost wages and diminished earning capacity
- Disability and loss of enjoyment of life
- Pain and suffering
- Vehicle repair or total loss
Understanding how insurers assess claims and the potential accident case value can help set realistic expectations for negotiation or litigation.
Who May Be Liable for Accidents Caused by Unsecured Loads
Responsibility can extend beyond the driver.
- The driver who failed to secure the load
- The employer or motor carrier that allowed unsafe practices
- A loading team or third-party contractor that placed or strapped cargo
- A shipper that provided inadequate packaging or instructions
Turn maneuvers are common moments when unsecured cargo shifts, and right-turn truck accidents show how loads can move and why collisions follow.
Evidence That Proves an Unsecured-Load Case
Strong claims pair physical evidence with documentation that shows what went wrong.
- Photos and video of debris, skid marks, and the spill source
- Dashcam or nearby surveillance footage
- Police reports and 911 recordings
- Witness statements that identify the vehicle or company
- Bills of lading, delivery records, and weigh-station receipts
- Driver inspection reports, maintenance logs, and tie-down ratings
- Medical records that connect injuries to the incident
What To Do Immediately After an Unsecured Load Accident
Here are some practical steps that you can take if you’ve been in a collision due to an unsecured load to protect both your safety and your claim:
- Move to a safe location and call law enforcement
- Photograph the scene, vehicles, road surface, weather, and debris pattern
- Gather names, phone numbers, license numbers, and insurance information
- Identify the source vehicle or trailer if possible
- Seek medical care promptly to document symptoms
- Notify your insurer and follow the rules to report an accident
Washington deadlines matter, and knowing when you can claim injury helps you avoid missing critical filing dates. If the collision involved a commercial rig, an attorney with experience handling cases that involve wrecks with a commercial truck can help secure logbooks, loading records, and video before they are lost to help strengthen your case.
Damages You May Recover
Cargo-related crashes can cause fractures, spinal injuries, head trauma, and significant property loss. Insurers evaluate both short-term costs and future effects.
Common categories of damages:
- Emergency care, hospitalization, and rehabilitation
- Medication, medical equipment, and follow-up visits
- Lost income and loss of earning capacity
- Pain, suffering, and emotional distress
- Home modifications or long-term support if needed
How a Washington Truck Accident Lawyer Can Help
A focused investigation can make or break a cargo-spill case. A legal team can:
- Reconstruct how and where the load shifted or escaped
- Obtain telematics, dashcam video, and company policies on securement
- Track the chain of custody from shipper to loader to driver
- Coordinate expert analysis of tie-down adequacy and load distribution
- Frame liability using methods developed for complex truck accidents
Contact a Spokane Team About an Unsecured-Load Accident
If you were injured in an accident in Spokane, you do not need to navigate the process alone.
Contact Gilbert Law Firm to discuss the facts, the evidence available, and your options for pursuing compensation.
FAQs:
- What is an unsecured load accident?
It is a crash caused when cargo falls or shifts from a vehicle, creating debris or striking another car, motorcycle or pedestrian. - Who can be held responsible after an unsecured load accident?
The driver, trucking company, loader or shipper may share liability depending on who controlled the cargo and how it was secured. - What evidence should I collect at the scene?
Take photos and video of the debris, road conditions and vehicles involved, get witness information and seek medical attention to document injuries. - What damages can I recover after an unsecured load crash?
You may be entitled to medical expenses, lost wages, property damage, pain and suffering and long-term care depending on your injuries. - How soon should I contact a lawyer after an unsecured load accident?
You should contact a lawyer as soon as possible to preserve evidence, meet Washington deadlines and improve your chances of fair compensation.
Washington Laws on Unsecured Loads
The laws in Washington surrounding unsecured loads are evolving and becoming stricter. If you’re unsure about whether or not you should secure an item, it’s always better to adhere to the side of caution to avoid fines—or even jail time.
Some relevant laws include:
- WAC 296-865-30020(1): Trucking operators must properly secure and distribute loads, considering road conditions and the capacity of bridges, trestles, and other structures.
- RCW 46.61.655: Any vehicle transporting a load must use tarps, netting, tie-downs, or chains to prevent materials from falling onto the roadway. Failure to properly secure loads that may cause safety hazards can result in fines, depending on the cost of clearing the obstruction.
- RCW 70A.200.120: Vehicles transporting materials to landfills or transfer stations must secure these materials properly or they may face fines.
- Federal Law Section § 393.100: Cargo must be secured with a tie-down every 10 linear feet.
- HB 1478: Passed in 2005, this law increases fines and penalties for unsecured loads, especially for loose materials requiring tarps or netting. If an unsecured load results in bodily injury, the driver or its company can be charged with criminal negligence.
Consequences of Transporting an Unsecured Truck Load in Washington
It is important to understand the penalties associated with failing to secure your vehicle’s load, such as:
- Property damage: A fine of up to $1,000 and up to 90 days in jail.
- Bodily injury or death: Imprisonment for up to 12 months.
These penalties apply to even seemingly minor materials like dirt or gravel. Additionally, you may face lawsuits for failing to secure your load properly. Under Washington law, injured parties can seek compensation for:
- Medical expenses
- Lost wages
- Disability
- Pain and suffering
- Loss of enjoyment of life
- Vehicle damage
The financial impact of a lawsuit or jury award can be significantly higher than civil fines.
Statute of Limitations for Truck Accident Claims in Washington
If you’ve been injured in an accident caused by an unsecured load, it’s essential to be aware of the statute of limitations in Washington. In most personal injury cases, you have three years from the date of the accident to file a lawsuit. Missing this deadline could prevent you from recovering compensation for your injuries, property damage, or other losses.
To ensure your rights are protected, it’s crucial to consult an attorney as soon as possible after an accident. This allows for a timely investigation and preserves crucial evidence which can significantly impact your case.
How a Truck Accident Lawyer in Washington Can Help
If you’ve been involved in an accident caused by an unsecured load, having a knowledgeable truck accident lawyer on your side can make a significant difference. At The Gilbert Law Firm, we will:
- Investigate the accident thoroughly
- Gather evidence like:
- Police reports
- Witness statements
- Other crucial details to prove liability
Our team handles all the paperwork and negotiations with insurance companies so you can focus on your recovery.
Contact The Truck Accident Lawyers At Gilbert Law Firm Today
Our dedicated team of experienced truck accident lawyers has spent years helping clients just like you, recovering millions of dollars in settlements and judgments for our accident victim clients. Contact us today at 509-321-0750 to discuss your case and explore all your legal options. We’re here to help you take that first step toward recovery.
