Accidents caused by unsecured cargo on trucks pose a serious threat to drivers, passengers, and even pedestrians sharing the road. Many of these accidents result from basic mistakes or ignored safety rules, making them largely preventable. If you or someone you love is harmed in a truck accident because of unsecured cargo, you may have the legal right to pursue compensation for your injuries and losses.
What Is Unsecured Cargo?
Unsecured cargo refers to any load on a truck or trailer that hasn’t been properly secured, balanced, or protected for the trip. This can mean boxes, building materials, heavy equipment, or even small items that haven’t been tightly tied down, strapped in, or covered up. Specific examples of unsecured cargo include:
- Improperly tied or loose straps: Cargo that is strapped down poorly or with faulty straps can easily become loose and move during transit.
- Overloaded or unbalanced loads: Putting too much weight on one side or stacking items too high makes a truck unstable and more likely to tip or spill.
- Failure to check or secure cargo before driving: Drivers or loaders may skip a final inspection and not realize something’s missing or undone, leading to issues as soon as the truck gets moving.
- Shifting loads during braking or turning: Sudden stops or sharp turns can send unsecured items flying, affecting the driver’s control and creating new obstacles on the road.
- Lack of required tarps or safety equipment: Demanded by law for many types of cargo, missing tarps or restraints mean loose material can easily fly off at high speed.
- Failure to follow federal cargo securement regulations: Ignoring the detailed national standards for loading and tying down cargo often leads directly to these preventable road dangers.
These problems generally start with human error, putting everyone on the road at risk.
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How Accidents Occur From Unsecured Cargo
Accidents from unsecured cargo can happen in many different ways:
Cargo Falling Onto the Roadway
When items aren’t secured, they can spill out onto the highway. Drivers behind the truck often have little time to swerve or stop, causing multi-car pile ups and even chain-reaction crashes.
Shifting Loads Affecting Truck Control
Cargo that moves inside the trailer or truck bed can throw off the truck’s balance, making it much harder for the driver to turn, stop, or keep the vehicle upright. This often leads to jackknife or rollover accidents.
Obstructed View or Lighting
If cargo isn’t packed or covered properly, it can block the truck’s mirrors or cover brake lights, limiting the driver’s visibility and making it hard for others to gauge turns or stops.
Vehicles Struck by Flying Objects
Even smaller items such as tools, construction material, or scrap metal can be thrown at high speed from a truck bed. These items can crack windshields, distract drivers, or force them to take evasive action and crash.
Damage to Road Infrastructure
Heavy loads falling from trucks can break up pavement, damage guardrails, or block entire lanes. This not only puts everyone in immediate danger but also creates long-term risks by leaving roads in poor condition for future drivers.
Sudden Traffic Jams and Hazardous Stop-and-Go Driving
When debris or lost cargo lands in the roadway, traffic behind may slow down or stop abruptly. This abrupt change in speed can quickly lead to rear-end crashes and risky maneuvers by surprised drivers trying to avoid a collision.
If you’re involved in an accident because of an unsecured load, you may have legal recourse.
Who is Liable For Accidents Involving Unsecured Cargo?
When an accident involves unsecured cargo on a truck, responsibility may fall on several different parties depending on the circumstances. Understanding who could be liable can help victims get proper compensation for their injuries and damages.
Truck Drivers
The driver is usually responsible for checking that cargo is properly secured before setting out. If a truck driver overlooks a loose strap, ignores shifting noise, or fails to spot that a tarp isn’t tightened, they could be found at fault. Even if someone else loads the truck, drivers are often still expected to inspect the load and ensure it’s safe for travel.
Trucking Companies
Trucking companies must maintain high safety standards and train their employees properly. If a company pressures drivers to rush, fails to provide needed training, or skips inspections to save time, they might be liable when something goes wrong.
Companies are also held responsible for overall fleet safety, meaning poor management or purposely cutting corners can put blame on them. Even if the company wasn’t negligent in any way, they may be vicariously liable.
Cargo Loading Companies or Third-Party Contractors
It’s common for a separate company or independent crew to handle loading the cargo onto the truck. If these loaders don’t follow proper securement rules, overload the vehicle, or miss a critical step in the process, they can be on the hook for accidents that happen as a result. These third parties are required by law and by industry standards to make sure loads really are safe to haul.
Holding the right person or company accountable is crucial after any truck cargo accident, and the best way to do this is to work with a lawyer.
What To Do If You’re Injured By Falling or Shifting Cargo
If you’re hurt because of falling or shifting cargo from a truck, the steps you take immediately afterward can make a big difference in protecting your health and your legal rights.
Seek Medical Care Right Away
Always get checked by a doctor, even if your injuries seem minor at first. Letting a professional document your condition helps protect your health and documents the link between your injuries and the accident.
Document the Scene
Take photos of your injuries, the cargo, the roadway, and any damage around the area. Gather contact information for witnesses who saw what happened, as their statements may back up your account later on.
Do Not Speak With the Trucking Company’s Insurer Before Getting Legal Advice
Insurance adjusters often call victims quickly to settle things fast. They may record your statements and use them against you to limit or deny your compensation.
Call a Personal Injury Attorney
It’s important to get a lawyer involved as soon as possible. An experienced injury lawyer can preserve critical evidence, organize your claim, deal with insurers for you, and help you pursue full recovery for your medical costs, lost wages, and more.
If you have any questions or you’re ready to get started, contact us today to schedule a free consultation.
