Improperly Secured Load
When a truckload isn’t secured the right way, it becomes a deadly weapon on Iowa roads. A sudden shift in cargo or a piece of freight flying loose can cause devastating crashes in an instant, shattering lives, breaking families, and leaving behind wreckage that can’t be measured in metal alone. These accidents are often violent, preventable disasters caused by someone not doing their job.
Iowa Improperly Secured Load Truck Accident Attorney
At McCarthy & Hamrock, P.C., our attorneys know how to hold those people accountable. We’ve stood up to trucking companies, freight haulers, and insurers who try to dodge responsibility when an innocent person gets hurt. McCarthy & Hamrock represents people injured in commercial truck accidents due to imporperly secured loads in Des Moines, Polk County, and throughout the state of Iowa. Call our firm at 515-279-9700 to request a free consultation to discuss your injuries and potential claims for compensation. Our firm works on a contingency fee basis for personal injury cases, which means you don’t pay us any legal fees. Instead, our firm gets a percentage of the settlement or verdict or “contingency fee” upon achieving a victory in your case. Learn more important information about Iowa improperly loaded truck crashes, including why these incidents occur, the legal options available to victims, and how an Iowa improperly loaded truck accident attorney can fight on the victim’s behalf to obtain compensation and justice.
Overview of Accidents Caused by Improperly Secured Loads in Iowa
- Types of Improperly Loaded Truck Accidents in Iowa That Cause Serious Crashes
- Serious Injuries Caused by Truck Accidents Involving Improperly Secured Loads in Iowa
- Key Cargo Securement Rules That Affect Truck Accident Liability in Iowa
- Who Is Legally Responsible After an Improperly Loaded Truck Crash in Iowa
- What an Iowa Improperly Loaded Truck Accident Lawyer Actually Does to Help
- Most Common Questions People Have After a Load Shift or Cargo Spill Crash
- Resources
Types of Improperly Loaded Truck Accidents in Iowa That Cause Serious Crashes
Shifting Cargo Crashes — When cargo isn’t secured tightly, it can move around as the truck turns, brakes, or speeds up. This sudden shift changes how the truck handles, often causing rollovers or forcing the vehicle into other lanes. Even slight movement can make a large commercial truck tip or jackknife, especially on curved roads or during emergency maneuvers.
Overloaded Truck Wrecks — Putting too much weight on a truck increases the risk of brake failure, tire blowouts, and loss of control. Iowa law under Iowa Code § 321.463 sets strict weight limits for vehicles, and when those limits are ignored, it puts everyone on the road in danger. Trucks carrying more than they’re allowed often take longer to stop and are harder to steer, which can lead to devastating crashes, especially on downhill stretches.
Unsecured Cargo Incidents — Items that aren’t properly tied down can fall off the truck and hit other vehicles or block the roadway. These accidents often happen at high speeds and leave little time for other drivers to react. Whether it’s building materials, farm equipment, or loose freight, falling cargo turns into deadly projectiles. Iowa law requires loads to be secure and covered when necessary to avoid this kind of hazard.
Top-Heavy Load Rollovers — Loads that are stacked too high or unevenly can make the truck top-heavy. On turns or during lane changes, that imbalance increases the chance of a rollover. This is common with agricultural equipment or construction supplies when loaded without proper weight distribution. Rollovers frequently happen on entrance and exit ramps in Des Moines, especially on I-235 and I-80.
Unbalanced Load Accidents — A load that’s heavier on one side affects steering, traction, and braking. Drivers often lose control during quick stops or sharp curves. Even if the load stays in the truck, the uneven distribution causes instability.
Hazardous Material Spills From Improper Loading — When chemicals, fuels, or biohazards are loaded without proper containers, tiedowns, or separation, they can leak or explode during transit. These spills are especially dangerous because they cause not just traffic accidents, but also health emergencies. Iowa enforces special loading rules for hazardous materials under both state transportation codes and adopted federal standards.
Oversized Load Collisions — Trucks carrying cargo that is too wide, tall, or long can strike bridges, traffic signs, or other vehicles. These accidents often happen when permits aren’t obtained or when loads are not properly flagged or escorted as required.
Violation of Cargo Loading Laws — Some crashes happen simply because trucking companies or drivers don’t follow Iowa’s required cargo loading standards. This includes failing to perform pre-trip inspections, using damaged securing equipment, or disregarding the limits outlined in Iowa’s Commercial Vehicle Regulations.
Rolling Equipment That Isn’t Blocked Properly — Forklifts, farm tractors, or other wheeled machinery often shift inside trailers when they aren’t chocked or tied down the right way. Even though these loads look stable at a standstill, they can roll or tip when a truck hits bumps or makes sharp turns. Iowa safety standards and FMCSA rules require that all wheeled equipment be secured with wheel chocks or similar methods to prevent movement.
Failure to Use Required Load Securement Devices — Using the wrong type of strap, failing to tighten chains, or omitting tiedowns altogether can result in catastrophic failure of the load’s stability. Flatbeds, in particular, are prone to these errors when cargo is large or oddly shaped.
Serious Injuries Caused by Truck Accidents Involving Improperly Secured Loads in Iowa
Crushing Injuries From Falling or Shifting Cargo — When a truck’s load isn’t secured properly, the cargo can collapse into the cab or onto nearby vehicles during a crash or rollover. Victims may suffer crushed limbs, broken ribs, or collapsed lungs. These injuries are often seen in rear-end accidents or side-impact collisions caused by unbalanced or shifting freight.
Penetrating Trauma From Load Ejection — Cargo that gets ejected from a trailer during a collision can pierce through windshields or vehicle frames. This includes items like metal rods, lumber, or machinery. The impact often causes deep wounds, internal bleeding, or impalement, especially at highway speeds.
Burns and Chemical Exposure Injuries — If the truck was hauling hazardous materials and the load is spilled or ignited, victims may suffer burns or inhale toxic fumes. These injuries require emergency treatment and may lead to long-term breathing problems.
Spinal Cord Damage From Rollover Impact — When an improperly loaded truck rolls over or jackknifes, the impact can jolt the spine violently. Passengers or drivers struck by the truck or its load can suffer herniated discs, spinal fractures, or full paralysis.
Traumatic Amputations From Cargo Impact — High-force collisions with shifting or falling loads can sever limbs instantly or cause crush damage so severe that amputation is medically necessary. These injuries are especially common when heavy equipment or unsecured freight crashes into a smaller vehicle’s cabin.
Post-Traumatic Stress and Psychological Harm — Surviving a serious truck accident can cause more than just physical damage. Many victims develop anxiety, flashbacks, or long-term psychological distress. Iowa recognizes emotional harm as a valid component of personal injury claims when backed by medical documentation, especially when the trauma is linked to a violent, sudden crash.
Key Cargo Securement Rules That Affect Truck Accident Liability in Iowa
General Immobilization Requirement — All cargo transported in a commercial motor vehicle must be firmly secured using structures strong enough to prevent it from shifting or falling. This includes using tiedowns, blocking, bracing, dunnage, or a combination. The requirement is set by 49 CFR § 393.100 and Iowa Code § 393.460.
Performance Standards for Load Securement — Every securement system must be able to handle a forward deceleration of 0.8 g, and rearward or lateral acceleration of 0.5 g. These force thresholds are outlined in 49 CFR § 393.102 and are critical in determining if a load was improperly secured during a crash.
Working Load Limit and Securement Strength — The total working load limit of all tiedowns used must be at least 50% of the cargo’s weight. This rule is found in 49 CFR § 393.106(d). If the tiedown system fails to meet that standard, it likely violates federal and Iowa law.
Minimum Number of Tiedowns — Loads 5 feet or less and weighing under 1,100 pounds require one tiedown. Anything over 5 feet or heavier needs at least two. For loads over 10 feet, an additional tiedown is required for every 10 feet of length. These requirements appear in 49 CFR § 393.110.
Securement of Rolling Cargo — Cargo that can roll, such as pipes or machinery, must be restrained with chocks, wedges, or cradles that cannot loosen in transit. This rule is stated in 49 CFR § 393.104(f)(3).
Special Rules for High-Risk Cargo — Commodities like logs, metal coils, paper rolls, concrete pipes, and heavy machinery have strict loading rules under 49 CFR § § 393.116–393.136. These include specific tiedown configurations, support angles, and cradle use to prevent shifting during transport.
Who Is Legally Responsible After an Improperly Loaded Truck Crash in Iowa
Truck Driver and Trucking Company — If the person driving the truck fails to inspect the load or ignores cargo safety rules, they can be held legally responsible. The trucking company may also be liable for poor training, lack of oversight, or pushing drivers to skip inspections. Under Iowa Code § 321.463, commercial vehicles must comply with specific load weight and securement standards. Violations of these rules are strong evidence of negligence.
Freight Loader or Shipping Company — Sometimes the company that loaded the truck is not the same company that owns or drives it. If the loader stacked cargo improperly, used faulty tiedowns, or failed to balance the load, they may be directly at fault. Iowa law holds all parties involved in loading and securing cargo responsible under the same duty of care, especially if the unsafe load contributed to the accident.
Truck or Trailer Manufacturer or Maintenance Provider — If the crash happened because of a defective trailer, broken latch, faulty tiedown anchor, or other mechanical failure linked to load securement, the manufacturer or maintenance provider may be responsible. In Iowa, product liability claims may be brought if the design caused a load failure.
Government Agencies or Contractors — On rare occasions, government agencies or their contractors may share responsibility. For example, if road conditions made load securement impossible or if weight stations failed to flag an overloaded vehicle, a legal claim could arise under the Iowa Tort Claims Act (Iowa Code Chapter 669). That law allows lawsuits against state or local agencies in specific negligence situations.
What an Iowa Improperly Loaded Truck Accident Lawyer Actually Does to Help
Improperly loaded truck accidents often involve multiple parties, such as drivers, freight handlers, warehouse contractors, and trucking companies, each of whom may share responsibility for the way the cargo was loaded, secured, and inspected. An experienced Iowa truck crash lawyer understands how to identify violations of federal law and Iowa Code relating to size, weight, and load. Lawyers conduct prompt investigations, issue preservation letters to prevent evidence destruction, obtain truck inspection reports, and work with experts who understand load distribution, tie-down compliance, and trailer mechanics. They also examine whether load securement devices were used according to the safety standards outlined in Iowa’s commercial vehicle code.
The lawyer’s role goes beyond identifying the cause of the crash. They deal directly with insurance companies and self-insured trucking carriers who often try to shift the blame or deny liability altogether. When representing injury victims, these attorneys fight for compensation for medical bills, lost income, rehabilitation, long-term care, and pain and suffering. In wrongful death cases, they pursue damages for funeral expenses, lost future earnings, loss of companionship, and other emotional harms. These cases demand legal strategy, technical evidence, and a deep knowledge of Iowa’s trucking laws. Without an experienced Iowa-based attorney who understands the cargo laws and local courts, victims often face aggressive defense teams and lose the chance to recover what they’re legally owed.
Most Common Questions People Have After a Load Shift or Cargo Spill Crash
Who can be sued after cargo falls off a truck?
The trucking company, the driver, or whoever loaded the truck may all be responsible under Iowa liability laws.
How do I prove the load was unsafe?
A lawyer can get cargo reports, inspection records, and expert reviews to show improper loading under Iowa Code § 321.463.
What injuries happen in a cargo spill crash?
Crushing, spinal damage, burns, or traumatic amputation are all common in crashes caused by falling or shifting loads.
Does the trucking company always have to pay?
Not always. Liability depends on fault and Iowa Code violations. Multiple parties may share legal responsibility.
How long do I have to file a lawsuit?
In most cases, two years under Iowa’s personal injury statute of limitations (Iowa Code § 614.1(2)).
What if the truck had a special permit?
Permits don’t excuse unsafe loading. Even permitted loads must follow safety rules under Iowa Code § 321E.
Can I still get money if I was partly at fault?
Yes, as long as you were not more than 50% at fault under Iowa’s comparative fault law (Iowa Code § 668.3).
What if I lost a family member in the crash?
You may have a wrongful death claim for damages like funeral costs and loss of financial support under Iowa Code § 611.20.
Will my own car insurance cover this?
Maybe for initial medical costs, but the truck’s insurer usually has the main legal responsibility.
What if the load came from a warehouse, not the driver?
Then the warehouse or freight loader might be liable for poor loading practices under Iowa safety rules.
Resources
FMCSA — Cargo Securement Rules — This source explains the cargo securement rules enforced by the Federal Motor Carrier Safety Administration (FMCSA). It includes requirements for tiedowns, securement devices, and performance standards for securing cargo.
NHTSA — Drive Safe: Secure Your Load — This page from the National Highway Traffic Safety Administration discusses the safety risks of unsecured vehicle loads. It offers practical tips for drivers on how to secure items with straps, tarps, or netting, and highlights the laws requiring cargo to be properly tied down. The site also includes data on accidents caused by loose cargo and reminds drivers of legal responsibilities.
Iowa Legislature — 321.460 Spilling Loads on Highways — This section of Iowa law prohibits vehicles from being driven on highways unless they are constructed or loaded to prevent spills or load-related hazards.
Hire a Improperly Secured Load Truck Accident Attorney in Des Moines, Iowa
If you or a loved was injured in a commercial truck accident, resulting from an improperly secured load, in Des Moines, Iowa, hire a skilled, experienced personal injury attorney to fight for you. The lawyers at McCarthy & Hamrock, P.C. have more than seven decades of combined legal experience. We represent accident victims the Des Moines area, including Polk County and Dallas County, Story County, Warren County, Marion County, Mahaska County, Adair County, Madison County, and throughout the state of Iowa.
We will seek just compensation for your family’s pain and suffering. We are not afraid to take on trucking companies and their insurance companies in order to obtain a satisfactory settlement. We are also experienced trial attorneys and we are prepared to go to court if necessary to get justice for you. Call us today at (515) 279-9700 to schedule a consultation.