Who is Legally Responsible for a Crash Caused by Unsecured Truck Cargo?

 Posted on October 29, 2021 in Personal Injury

More than 70 percent of goods transported across the country are moved by large commercial trucks. Unfortunately, semi-trucks, flatbeds, and other cargo-carrying trucks can also present a deadly threat to motorists and passengers. If you or a loved one were hurt in an accident caused by loose or fallen truck cargo, it is important to understand your legal options. You may be able to hold the at-fault party accountable through a truck accident injury claim. You may also be entitled to monetary damages. However, to recover damages, you will need to know who is at fault.

Accidents Caused by Improper Loading and Securement of Truck Cargo

Though rare, truck cargo can sometimes spill out of the truck and onto the road. Objects may strike a vehicle and injure an occupant directly or cause the driver to lose control of the vehicle and crash. Accidents may also occur because motorists are trying to avoid the fallen truck cargo on the road.

Improperly secured truck freight can also cause problems if it remains in the truck. When truck cargo is unevenly distributed, it can make the truck harder to control and increase the risk of a truck accident. Unsecured truck cargo that shifts inside a truck’s trailer can even cause the truck to tip over.

Understanding Liability in a Truck Crash

The party or parties who are at fault for a truck crash vary from case to case. Often, the trucking company is responsible for unsecured truck cargo. The Federal Motor Carrier and Safety Administration requires carriers and truck drivers to meet certain cargo securement standards. If a trucking company or truck driver failed to meet these standards and the lapse causes an accident, the company may be liable for damages.

Sometimes, faulty equipment is the cause of a fallen cargo truck accident. For example, defective securement devices like tiedowns may not be strong enough to support the cargo. A company that designed or manufactured faulty equipment may ultimately be responsible for damages in a truck accident case.

Contact a Joliet Truck Accident Lawyer

Truck cargo that is improperly loaded or secured can lead to horrible truck crashes. If you were injured or your loved one was killed in a truck crash, you may be able to seek justice through a truck accident injury claim. You may also be entitled to financial compensation for medical expenses, lost income, and other damages. Call Michael J. Lichner - Will County Personal Injury Lawyer for help. Call 815-730-1977 today for a free consultation.

Sources:

https://www.fmcsa.dot.gov/regulations/cargo-securement/drivers-handbook-cargo-securement-chapter-2-general-cargo-securement

https://markets.businessinsider.com/news/stocks/trucking-industry-facts-us-truckers-2019-5