This article is written for my fellow attorneys who handle tractor trailer wreck cases with catastrophic cases.

Please contact me directly if you are a client seeking assistance with a tractor trailer accident injury.

I. Introduction
The number of injuries and deaths involving trucking related accidents is staggering. Over
400,000 accidents occur each year involving tractor trailer trucks or other commercial vehicles. A
person is injured or killed every 16 minutes in a tractor trailer truck accident1. These unfortunate
statistics are frequently the result of improper loading and securement of loads of tractor trailers.
When a truck driver loses control of a tractor trailer and a wreck occurs, a thorough
investigation may reveal that factors, other than negligent driving, caused the wreck. It is possible
that the cause of the wreck was due to the tractor trailer being over loaded, improperly loaded, or the
load being improperly secured. The load must be properly balanced on or in the trailer so that it will
not shift while in transit. Crashes occur because the truck is thrown off balance when heavy loads
shift within trailers, or on top of flatbeds, or lowboys. These tragic accidents can be avoided by
ensuring that the freight is properly loaded and secured.
The most effective way to avoid trucking accidents is to properly train the drivers to properly
load and secure the cargo. It is the driver’s responsibility to inspect the truck for safety. Further, the
driver should examine the cargo placement and securement because he or she, along with the
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employer, are responsible for the safe loading of the cargo, regardless of who loaded it, unless the
cargo is in a locked trailer for which he has no access. This means that the driver is responsible for
knowing the weight of the load, safe placement of the load, and safe securement of the load.
Federal Motor Carriers Safety Regulations clearly outline the carrier’s responsibility for proper
loading of a truck. Commercial vehicles must be loaded in such a manner as to prevent its cargo from
leaking, spilling, blowing, or falling from the vehicle. The cargo must be immobilized or secured to
prevent shifting to the extent that the vehicles stability or maneuverability is affected. The Federal
Motor Carrier Safety Regulations mandate the following standards of care regarding loading:
§ 392.9 Inspection of cargo, cargo securement devices and systems.
(a) General. A driver may not operate a commercial motor vehicle and a motor carrier may
not require or permit a driver to operate a commercial vehicle unless –
(1) The commercial vehicle’s cargo is properly distributed and adequately secured as
specified in §§ 393.100 through 393.136 of this subchapter.
(2) The commercial motor vehicle’s tailgate, tailboard, doors, tarpaulins, spare tire and other
equipment used in its operation, and the means of fastening the commercial motor vehicle’s cargo,
are secured; and
(3) The commercial motor vehicle’s cargo or any other object does not obscure the driver’s
view ahead or to the right or left sides (except the drivers of self-steer dollies), interfere with the free
movement of his/her arms or legs, prevent his/her free and ready access to accessories required for
emergencies, or prevent the free and ready exit of any person form the commercial motor vehicle’s
cab or driver’s compartment.
(b) Drivers of trucks and truck tractors. Except as provided in paragraph (b)(4) of this section,
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the driver of a truck or truck tractor must –
(1) Assure himself/herself that the provisions of paragraph (a) of this section have been
complied with before he/she drives that commercial motor vehicle;
(2) Inspect the cargo and the devices used to secure the cargo within the first 50 miles after
beginning a trip and cause any adjustments to be made to the cargo or load securement devices as
necessary, including adding more securement devices, to ensure that cargo cannot shift on or within,
or fall form the commercial motor vehicle; and
(3) Reexamine the commercial motor vehicle’s cargo and its load securement devices during
the course of transportation and make any necessary adjustment to the cargo or load securement
devices, including adding more securement devices, to ensure that cargo cannot shift on or within,
or fall from the commercial carrier vehicle. Reexamination and any necessary adjustments muist be
made whenever –
(i) The driver makes a change of his/her duty status; or
(ii) The commercial motor vehicle has been driven for 3 hours; or
(iii) The commercial motor vehicle has been driven 150 miles, whichever occurs first.
(4) The rules in this paragraph (b) do not apply to the driver of a sealed commercial motor
vehicle who has been ordered not to open it to inspect its cargo or to the driver of a commercial motor
vehicle that has been loaded in a manner that makes inspection of its cargo impracticable.
[36 FR18863, Sept. 23, 1971, as amended at 37 FR 12642, June 27, 1972; 38 FR 23522, Aug.
31, 1973; 60 Fr 38746, July 28, 2995; 63 FR 33278, June 18, 1998; 67 FR 31224, Sept. 27, 2002; 72
FR 55703, Oct. 1, 2007]
There are also specific regulations that deal with specific types of cargo such as logs, boulders,
2 49 CFR § 392.9 (a)
3 Safety Bulliten, Triodyne, Inc. Volume 6, No. 1, October 1997.
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concrete pipes, metal coils, etc. contained in the FMCSR’s. The driver of the commercial vehicle is
charged with the responsibility of making sure that the truck is loaded in compliance with federal law.
A driver cannot operate a commercial vehicle unless the load is properly distributed and adequately
secured, the means of fastening cargo is secured, and the cargo does not obscure the drivers view or
interfere with the movement of his arms or legs2.
II. Physics of A Rollover
The ability of a heavy truck to successfully negotiate curves depends upon the vehicles speed,
load stability, and geometry of the curve. When a rollover occurs, evaluation of factors related to the
driver, the vehicle, the load placement, the load weight and securement, and the roadway are
required. When a truck travels in a curved path, it leans to the outside of the curve. This leaning is
caused by the centrifugal force acting through the truck’s center of gravity. The truck will rollover
away from the center of the curve if the centrifugal force is large enough. The centrifugal force
increases with speed and curvature of the road.
Physicists state that the measure of a truck’s ability to resist rollover is given by it’s “rollover
threshold.” The rollover threshold is the lowest value of centrifugal acceleration which causes the
truck to tip over when driven steadily in a curved path. A representative survey of test data found the
rollover threshold of heavy trucks is in the .25 to .5 g range. Trucks with lower payloads (lower
centers of gravity) and more firm suspensions have higher rollover thresholds and are more difficult
to flip over in a curve3. Until the rollover threshold becomes sufficiently large, the vehicle will have
a tendency to slide out of a curve rather than rollover. For example, Indianapolis race cars rarely flip
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over in a curve but frequently slide or spin out while negotiating a curve at high speed. To the
contrary, top heavy trucks will flip over rather than spinning out, sometimes causing injuries and
damages to adjacent drivers.
Truck rollovers typically occur at exit and entrance ramps of expressways or interstates. The
driver may be unfamiliar with the sharpness of a ramp curve and enter it at an excessive speed.
Besides unfamiliarity with the terrain, darkness, bad weather, poor visibility, travel fatigue, or
impairment by substances may contribute to the driver’s misjudgment which results in the rollover.
Improper loading and securement of loads may constitute a causative factor leading to the rollover.
Often times drivers of trucks who have survived rollover incidents state that they did not realize they
were rolling until they looked in the side view mirror and saw the trailer wheels on the inside of the
curve lift off the ground, followed by the tractor suddenly tipping over. The delayed rolling of the
tractor is due to the higher center of gravity of the trailer and the flexibility of the trailer structure.
Frequently, the trailer will begin to twist and begin rolling while the tractor wheels briefly stay in
contact with the road. Forces will be transmitted to the fifth wheel coupling of the tractor and
eventually flip the tractor over. Sometimes truck drivers feel that the main load shifted and caused
their truck to suddenly flip over. This is frequently true, however, it is more common for the load to
shift due to the extreme tilting of the trailer that occurs during the rollover. Thus load shifting during
a rollover is frequently a result, not the cause of the wreck.
When a rollover event occurs, a number of factors must be investigated by the plaintiff’s
lawyer or investigator (such as the highway patrol or accident reconstructionist). Possible
contributing driving factors include:
1. Entering of a curve at excessive speed;
2. Failing to anticipate or be familiar with sharpness of curve;
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3. Steering onto a soft shoulder;
4. Leaving the roadway and abrupt overcorrection;
5. Accelerating too fast through a curve;
6. Center of gravity too high – inexperience;
7. Abrupt steering maneuver during avoidance;
8. Driver impairment by fatigue, drowsiness, alcohol, drugs, impaired visibility due to
weather conditions or diminished eye sight;
9 . Human factors such as uncontrolled emotions; and
10. Lack of familiarity with handling capabilities of a tractor trailer.
Vehicle factors to consider include:
1. High center of gravity/top heavy load;
2. Overloaded/collapsed suspension;
3. Under inflated tires;
4. Shifting of load;
5. Improper cargo distribution;
6. Deficiency in brake performance before entering curve due to brake defect or improper
loading distribution;
7. Improper load securement; and
8. Impaired steering due to improper load placement.
Highway factors to consider include:
1. Speed limitations for the curve;
2. Elevation/banking;
3. Shoulder condition;
4. Transition curvature.
III. Height Limits
The height of the vehicle’s center of gravity is important for safe handling. Thus, trucks are
subject to height limits. The height limit for travel on interstates is usually 13 and 1/2 feet, measured
from the surface the vehicle stands upon. Too much cargo weight at the top of the truck can have a
dramatic destabilizing effect because it is at the end of a 13 ½ foot lever, which can trip over the
truck. For stability, professional truck drivers must keep the center of gravity low. If the center of
gravity is higher, the truck is more likely to tip. The heaviest pieces of cargo must be loaded on the
bottom.
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IV. Weight Distribution
It is the responsibility of the driver to ensure that the tractor trailer rig has the proper weight
distribution. Gross Weight is the total weight of the tractor and trailer in addition to the load. Gross
Combination Weight is the total weight of the trailer or trailers in addition to the cargo, along with
the power unit. The GVW or GCW limits are set by each state. On national interstates and defense
highways the Gross Combination Weight maximum allowed is 80,000 pounds. Moreover the axle
weight must not be exceeded. Axle weight is the weight of any axles (or combination of axles)
transmitted to the ground. Examples of common axle weight limits for states are: tandem axle 34,000
pounds, single axle 20,000 pounds, and steering axle 12,000 pounds.
Another consideration is weight rating assigned by manufactures. Gross Vehicle Weight
Rating, or GVWR, assigned by the manufacturer is defined as the weight of a single vehicle plus
cargo. A Gross Combination Weight Rating, or GCWR, is assigned to a tractor with it’s trailer or
trailers and the load. These ratings state how much weight the vehicle can support safely. Tire
suspensions and coupling devices also have weight ratings. Exceeding the weight rating is illegal,
negligent, and dangerous because it can cause braking, handling, and steering instability.
V. Weight and Balance
Poor weight distribution can make vehicle handling unsafe. The driver, load master, or
materials handler must preplan how to load the trailer. Factors such as weight of boxes, or pallets,
and the order in which deliveries are being made all must be considered. Thus, in loading tractor
trailers the higher the center of mass, the less stable the load. Therefore, the cargo must be loaded
with the heavy pieces on the bottom and the lighter pieces on top. Vehicle handling, especially in
4 Truck & Trucking Handbook: A Primer, Ruhl & Associates Forensic, Inc. Copyright Champaign, IL
2000 p. 138
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curves or in quick maneuvers is improved with a lower center of mass4.
Shifting cargo can pose a safety hazard. Professional truck drivers are required to be familiar
with the regulations contained in Subpart 1 § 393.100 Which types of commercial motor vehicles are
subject to cargo securement standards of this subpart, and what general requirements apply?
(a) Applicability. The rules in this subpart are applicable to trucks, truck tractors, semitrailers,
full trailers, and pole trailers.
(b) Prevention against loss of load. Each commercial motor vehicle must, when transporting
cargo on public roads, be loaded and equipped, and the cargo secured, in accordance with this subpart
to prevent the cargo from leaking, spilling, blowing or falling from the motor vehicle.
(c) Prevention against sifting of load. Cargo must be contained, immobilized or secured in
accordance with this subpart to prevent shifting upon or within the vehicle to such an extent that the
vehicle’s stability or maneurverability is adversely afftected.
[67 FR 61226, Sept. 27, 2002].
The Federal Motor Carrier Safety Regulations contain a whole series of regulations concerning
protection against shifting and falling cargo. Specific requirements for each type of tie down are
found in the Commercial Vehicle Safety Alliance Cargo Securement Tie Down Guidelines and the
Federal Motor Carriers Safety Regulations Cargo securement is required under Part 393, Subpart I
of the FMCSR:
• § 393. 102 provides specific minium criteria for cargo securement devices and
systems, including performance and breaking strength criteria, working load limits,
performance criteria to prevent vertical movement of loads, and the minimum number
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of tie downs, etc.
• § 393.116 provides rules for securing logs.
• § 393.104 provides for standards cargo, driver and system must meet.
• § Section 393.118 provides rules for securing dressed lumber or similar building
products.
• § 393.120 provides rules for securing metal coils.
• § 393.122 provides rules for securing paper rolls.
• § 393.124 provides rules for securing concrete pipe.
• § 393.126 provides rules for securing intermodal containers.
• § 393.128 provides rules for securing automobiles.
These rules set out a written standard of care for drivers, and shippers and loaders.
VI. Case Law Regarding Loading
Whenever a member of the public is injured because of a negligent load of cargo, both the
shipper, its employees who loaded the cargo, the common carrier, and the driver may be held liable
for the injury. Burke vs. JF Allen Company, 182 F. 3rd 907 (West. Va. 1999); Skeie vs. Mercer
Trucking Co., Inc. 61 P. 3rd 1207 (2003). A shipper who assumes responsibility for loading the
vehicle can be held liable, along with the driver, for improperly securing the load, under a common
law theory of negligence. Federal regulations, the FMCSR, provides detailed guidelines and
methodology for securing loads, and provides evidence of the proper standard of care to be used by
the shipper in loading the vehicle. Reed vs. Ace Doran Hauling & Rigging Company., 1997 WL
177849 ( N. D. Ill. 1997); Symington vs. Great Western Trucking Company, Inc., 668 F. Supp. 1278
( S. D. Iowa 1987); Locicero vs. Interpace Corp., 266 N. W. 2nd 423 (Wis. 1978).
5 Byrnes, Mike, & Associates, Bumper to Bumper: The Complete Guide to Tractor Trailer Operations, 4th
ed., 2006, p. 371; FMCSR § 393.9 (h)(2)(3).
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If the trailer is sealed before it is picked up by the motor carrier, it is presumed that the
shipper participated in the loading process. Miller vs. Rowlands Leasing Corp 1999 WL 739539
(Ohio 1999). Thus, even though the driver is excused from inspecting the load by the FMCSR, if the
cargo is sealed and the driver has no access to the load, 392.9 (b)(4) the shipper who loaded and
sealed the trailer may be liable. Burke, Supra.
VII. Inspecting and Securing Loads
All cargo including tarp loads must be inspected for security by the driver in transit according
to FMCSR part 392.9. Once the driver is on the road he must check the load often. Drivers should
look closely at all wood bracing and supports to make sure that none of the nails are pulling away.
Also each chain should be tested. If there is slack, the driver should open the binder and tighten. The
first load inspection should be completed within the first 50 miles, then reexamined after 3 hours, or
after driving 150 miles, or at a change of duty status whichever occurs first5.
The only exception to FMCSR part 392.9 is in the instance of sealed cargo. When the tractor
is sealed and the driver has no access to it, such as a key or a padlock, FMCSR § 392.9 (b)(4) states
that “the driver has no responsibility for the proper loading and securement.” That responsibility lies
with whoever actually loaded and secured the load.
Load Securement Methods
The most common methods used to secure loads on platform trailers are cables and wenches,
webbing straps and wenches, chains and load binders. Regulations require that the working load limit
of all tie downs must be at least ½ times the weight of the cargo being tied down. Examine the
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guidelines in Federal Motor Carriers Safety Regulation part 393.110 to determine the minimum
number of tie downs needed, as well as the other requirements regarding the securement devices.
Boxes, Sacks and Load Locks
Some cargo loads consist of boxes or sacks. If the boxes stacked across the van do not cover
the distance from wall to wall, then tiered stacking can be used where the first row touches the left
hand side of the van and the second row touches the right hand side of the van, alternating up to the
roof. This stacking method minimizes load shifting. Securing loads inside of a trailer of the van type
is less challenging than securing loads on platforms, lowboys, and open trailers. The body of the van
provides some stability for the load. Also, these vans contain a device called a “load lock” that can
be used to provide extra stability. Load locks are long poles that cover the width of the trailer. The
ends of these devises can be adjusted with a jack like mechanism to hold them in place.
Loading Liquid Tank Trucks
Loading liquid tankers can pose special problems for the driver. First of all, the driver needs
to ascertain where the baffles are located. In some tanker trucks there are baffles to prevent the liquid
load from shifting from front to back and vise versa but not from side to side. Thus, taking a turn too
rapidly can result in liquid shifting from one side of the tank to the other causing the trailer to tip
over. Some tanks must be filled to a greater degree because a tanker truck not filled sufficiently can
cause more sloshing around of the cargo, which can cause the trailer to tip over. On the other hand,
some liquids expand with heat, therefore, room to expand when the liquids become warm must be
provided.
VIII. Chains and Binders
Some steel pipe, heavy steel beams, heavy machinery, rubber tired vehicles, and construction
6 JJ Keller Tractor Trailer Driving Manuel Neenah, Wisconsin Copyright 2008 pg 352 – 356
7 Id ibid 352
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equipment are best secured by chains. The purpose of using chains is to hold the load down and
prevent it from moving sideways, forward, or backward. “Binder levers” are used to tighten up the
chain, blocks, and braces. In addition to chains and binders, drivers or material handlers may need
to use blocks of wood to keep machinery mounted on wheels from moving. Again, the Code of
Federal Regulations specify a 4×4 inch wood as a minimum size, which must be nailed to the wood
floor. Tarps must be used to protect platform loads. This is to protect people from spillable cargo.
IX. Driver Training
Many drivers study JJ Keller’s Tractor Trailer Driver Training Manual 2nd Edition 2008.
According to the Keller Manual, the cargo must be firmly immobilized or secured. There are several
methods and devices that can be used for cargo securement, such as blocking, bracing, dunnage, load
locking bars, tie down assemblies, and tarps.6 Professional drivers can be cross examined using the
Keller Manual as a tool. The Keller Manual stresses safe loading responsibilities that state, “you are
responsible for making sure your vehicle is loaded safely and legally. It must meet all cargo
securement and weight distribution requirements7.” Overloading can adversely affect the vehicle’s
steering, braking, and speed control. An overloaded truck moves slowly on upgrades and can gain
too much speed on down grades. Stopping distance increases and brakes can fail if worked to hard.
Drivers must be trained in and exercise these concepts in safe loading.
X. Summary
In summary, the plaintiff’s lawyer who handles trucking cases should sue all entities and
persons who may have been involved in the loading and securing of the load which destabilized the
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truck or shifted the load, resulting in injuries and damages. Moreover, all documents and materials
pertaining to those entities or persons who loaded or drove the tractor trailer should be obtained
through discovery. Every person involved in loading and securement of the cargo should be deposed.
Negligence regarding cargo loading and securement may become a fruitful liability avenue for the
trucking lawyer to pursue. Written standards of care can make proof of negligence in this area
trucking liability cases less challenging.