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How Claims for Crashes Involving TMC Transportation Vehicles Are Different

Crashes involving commercial vehicles can create their share of headaches for those involved, including the struggle to hold the trucking company accountable afterwards. Because any large trucking company has the resources to retain a legal team completely dedicated to defending them against claims after a wreck, victims are at a massive disadvantage as they try to obtain fair compensation.

When a company like TMC, which specializes in transporting freight on flatbed trucks, is involved, it brings its own unique issues for civil cases, related to responsibility for poor securement and the consequences of debris in the roadway. Acclaimed truck accident injury attorney Michael Grossman explains.

Questions Answered on This Page:

  • What is TMC Transportation?
  • How many crashes involving injury or death has the company been involved in?
  • How does the company's primary focus on flatbed trucking affect litigation against them?

Crash statistics compiled by the Federal Motor Carrier Safety Administration

What is TMC Transportation?

Founded in 1972 in Des Moines, IA, TMC Transportation, which specializes in flatbed transportation of metal, logs, and building materials, is currently the 74th-largest trucking company in the U.S., with revenues in 2017 of more than $400 million. Its almost 2,800 trucks and 2,500 drivers traveled almost 250 million miles that year.

Over the last two years, federal government data indicates 225 crashes have occurred involving the company's drivers, of which 60 resulted in injuries and 3 led to fatalities. However high these numbers may seem, it's important to note that they can't tell us who was at fault for any of these crashes. However, it's quite likely that a TMC driver's carelessness caused at least some percentage of the total.

TMC's fleet is also comprised exclusively of flatbed trucks, which means that the proper securement of their cargo is an important risk factor to investigate that may not be present when closed vehicles are involved. While these crashes are made simpler in some ways by the same person being responsible for securing cargo and operating the vehicle, the participation of multiple parties can have the opposite effect.

How Does TMC Transportation's Use of Flatbed Trucks Affect Your Case?

Wrecks involving tractor-trailers can have a variety of causes, and not all of them involve careless operation of the vehicle itself. Instead, improper loading or securement of cargo sometimes causes harmful or deadly consequences for other motorists. This includes cases where shifting loads cause a vehicle to overturn, as well as loose cargo flying off of a flatbed truck and striking a passenger car or causing a crash when others swerve to avoid it.

In closed 18-wheelers, because sealed doors help secure any freight, the risk from improper loading primarily arises from unbalanced cargo leading the vehicle to tip over. This can happen from either loading too much weight on one side, or inadequate securement leading it to shift during transit.

In these situations, because the driver of the vehicle and the loader of its cargo are often different people employed by different companies, establishing who's actually responsible can be a bit complicated. As the shipper and the driver's employer each attempt to place blame on the other, the interests of victims often fall by the wayside.

Whether negligent driving or improper loading causes the crash, victims still have a legal avenue for holding companies like TMC accountable.

By contrast, with flatbed vehicles, drivers are generally responsible for loading their own freight and ensuring that it's properly tied down before taking their trucks onto the road. While you'll still need to obtain evidence establishing conclusively that they were responsible for doing so, it's easier to do so when you don't have another company's legal team involved as well.

However, there's another aspect of crashes caused by loose cargo that may work to a company's advantage. Because swerving to avoid striking the new obstacle in the road can easily result in chain reaction collisions, other vehicles often get drawn in. When this happens, the trucking company's attorneys can attempt to deflect the blame for the crash onto other drivers. Proving TMC's liability in such a complex situation will require, among other things, an accident reconstructionist with experience handling commercial truck crashes, who can help determine the actual sequence of events.

While it may seem like it should be fairly easy to prove that inadequate cargo securement caused a crash, your attorney ultimately has to demonstrate this conclusively by presenting evidence that the driver failed to properly secure his vehicle's cargo before beginning his trip. And because that evidence belongs to the trucking company, only a properly drafted subpoena can compel them to turn it over for your use.

Grossman Law Offices Has the Experience to Litigate Your Claim Against TMC Transportation

The potential complications introduced when poor cargo securement causes a crash are just a few of the many issues that can arise in the course of litigating claims involving commercial vehicles. To make matters worse, the substantial legal resources of companies like TMC Transportation are a major challenge for the average person to overcome alone.

Fortunately, you don't have to try to hold your own against the legal teams of these massive businesses without help. At Grossman Law Offices, we have a more than 25 year history of successfully litigating claims from commercial truck collisions. That success is founded on a simple formula: thorough examination of the scene by our experts, gathering of evidence, and organizing it into a case that can prevail at trial.

If you've been injured or lost a loved one in a collision involving a TMC Transportation vehicle, please call 855-326-0000 to find out how our attorneys can help. We're here to answer your questions 24 hours a day, 7 days a week.

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