What to Do When a Truck’s Cargo Caused an Accident

Commercial trucks and other large vehicles are an integral part of the United States economy, shipping billions of tons of cargo each year across the country. When a truck accident happens, the size and weight of these vehicles can mean devastating damages for those involved. A fully-loaded commercial truck can weigh up to 80,000 pounds and stand 14 feet above street level, towering over most passenger vehicles.

Accidents Caused by Cargo

While driver inattention, aggressive driving, mechanical failures, and road damage can all potentially cause truck accidents, a truck’s cargo can also lead to a serious accident if the party responsible for loading it failed to do so safely. Commercial trucks sit higher above the surface of the road than smaller vehicles, meaning they have higher centers of gravity and are more susceptible to balance issues.

A trucking company or distributor responsible for loading a commercial vehicle must ensure the vehicle’s load is balanced. Any weight differences on the two sides of the truck can easily lead to a tip-over or rollover around a sharp curve at even moderate speed. Some types of cargo require special security devices or specific types of trailers.

• Concrete pipe segments
• Construction supplies and equipment
• Smaller vehicles
• Industrial appliances
• Timber and lumber
• Oversize loads

These are just a few examples of commercial truck cargo types that require specialized attention when it comes to loading a truck safely. If a truck’s cargo causes a trucking accident, anyone injured as a result would need to file a personal injury claim against the party responsible for loading the cargo.

Pursuing a Lawsuit for Improperly Loaded Cargo

If you or a loved one suffered an injury in a trucking accident caused by improperly loaded cargo, one or more parties could potentially face liability for the resulting damages. Any entity in the supply chain could be liable for damages resulting from an accident if those entities were at all negligent in the handling of the vehicle’s cargo.

For example, a trucking company sends a driver to complete a delivery of construction equipment. The truck driver goes to the pickup site and the distributor loads the truck with the equipment but neglects to properly secure the cargo. The truck’s load is imbalanced, and as the truck rounds a curve it tips over, crashing into another driver and causing severe damages.

In this example, the distributor that failed to properly load the cargo would likely face the bulk of the liability for the accident. However, if the investigation uncovers that the driver was speeding around the curve or otherwise contributed to the accident, the driver and/or the trucking company could also face liability for the resulting damages. In states that follow comparative negligence laws, all negligent parties receive fault percentages based on their levels of fault for a given accident. In this example, the distributor could face 70% of the liability while the driver and/or trucking company absorbs the remaining 30%.

First Steps After a Truck Accident

Determining liability for a trucking accident is crucial for anyone who expects to take legal action following such an accident. If you are in a truck accident and only sustain minor injuries and feel well enough to move, contact the police, check on those involved in the accident, and document as much as possible.

Take photos of the accident scene, the vehicles involved in the crash, your injuries, and anything else that seems important about the accident site; once the police arrive and check on everyone, they will start clearing it, potentially destroying valuable evidence. Once you seek medical treatment for your injuries, contact a personal injury attorney to help you determine your best options for recovery.