Transporting large or bulky items with your vehicle is common, but securing these loads properly is crucial to prevent accidents. Most drivers take precautions to ensure that loads in their trunk or truck bed are safely secured. However, if items fall off and hit another vehicle, you could be liable for damages or even criminal charges.
According to the Washington Traffic Safety Commission, drivers in Washington state still face numerous accidents caused by debris from unsecured loads, with an average of 300 crashes occurring annually. In 2023, these incidents resulted in 16 injuries and, unfortunately, one fatality.
If you’ve been in an accident caused by items falling from a truck or commercial vehicle, you deserve compensation for your injuries and property damage. The Gilbert Law Firm has experienced truck accident attorneys in Spokane who are dedicated to helping you navigate this challenging time. Our seasoned attorneys will relentlessly fight to secure the compensation you deserve for your injuries, lost wages, and emotional suffering.
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.
