Who Is Responsible for a Car Accident Caused by Loose or Falling Truck Cargo?

 Posted on July 10, 2020 in Truck Accidents

Many drivers feel uneasy when they are behind a tractor-trailer or flatbed truck transporting cargo. While most truck freight is transported without incident in the U.S., accidents caused by improperly secured cargo do happen. If you or a loved one were injured in an accident involving improperly secured freight on an 18-wheeler or other large truck, you may wonder who is to blame for the accident. The answer to this question is often difficult to determine and fault may lie with more than one party.

Determining Blame for Improperly Secured Truck Cargo

There are undoubtedly instances in which a truck driver is at fault for an auto accident. If the accident was caused by a driver who was under the influence of drugs or alcohol, for example, the truck driver may be liable for the damages caused. The driver may also be an at-fault party if he or she failed to complete a required inspection to ensure that the cargo was properly loaded and ready to haul. However, there are also many truck accidents that are not the fault of the driver. If the party who secured the truck cargo took shortcuts or failed to meet the securement standards required by the Federal Motor Carrier Safety Administration, the company that loaded the truck may be at fault. The trucking company may also be liable for damages caused by improperly secured cargo – especially if the company knew about or encouraged the shipping shortcuts that led to the accident. In other cases, the fault may lie with the company that designed or manufactured the equipment used to secure the cargo. For example, if defective tie-downs, straps, ropes, chains, cables, synthetic webbing, or other items used for securement were the cause of the cargo becoming loose or falling out of the truck, the manufacturer or designer of the items may be liable.

Seeking Compensation for a Truck Accident Through a Personal Injury Claim

Truck accidents involving loose cargo can cause catastrophic auto accidents. If you were seriously injured or a loved one was killed in a truck accident, a personal injury claim may help you recover damages. You could be entitled to compensation for your medical bills, ongoing medical care, pain and suffering, lost wages, and more. If you lost a loved one in a truck accident, a wrongful death claim may help you recover compensation for your loved one’s medical expenses and funeral and burial costs as well as the loss of the deceased person’s financial support and more.

Contact a Lake County Truck Accident Lawyer

Determining liability for a truck accident is a crucial, but often very challenging, task. If you or a loved one were injured in a truck accident involving improperly loaded cargo, you need an attorney who has the experience and skills necessary to get you the compensation you deserve. Call 847-662-3303 and schedule a free consultation with a skilled Waukegan personal injury attorney from Salvi & Maher, L.L.C. today.

Source:

https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Drivers_Handbook_Cargo_Securement_508CLN.pdf