Who is Liable for Injuries and or Damages Caused by Spilled Truck Cargo?

 Posted on August 03, 2021 in Truck Accidents

Large commercial trucks ship everything from produce to industrial equipment and hazardous materials. There is no doubt that the trucking industry is integral to our modern world. However, large commercial trucks can also cause catastrophic truck accidents, including accidents caused by spilled truck cargo. If you or a loved one were in a car accident caused by fallen truck cargo, you may wonder about your legal options. Is the trucking company required to pay for my medical bills and vehicle damage? What if the spilled cargo caused my vehicle to strike another vehicle? Questions like this can be difficult to answer, but a skilled truck accident injury lawyer can help.

Improper Loading and Securement of Truck Freight

When truck cargo is not loaded and secured properly in or on the truck, it can shift or even fall off the truck during transit. Cargo that spills onto the roadway can represent a potentially deadly hazard for other motorists. Often, spilled cargo causes motorists to suddenly swerve to avoid colliding with the freight only to collide with a vehicle in a neighboring lane. Motorists may also slam on their brakes to avoid colliding with the cargo and end up being rear-ended by the car behind them.

Spilled cargo does not only lead to collisions; the cargo itself can also lead to injuries. When a truck carrying flammable material such as gasoline, massive fires can develop in a matter of seconds. Pesticides, herbicides, corrosive materials, noxious gases, and other hazardous materials can cause severe health problems if they leak from a truck.

Federal Law Requires Cargo to Be Properly Secured

Because the risk of serious injuries and death is so great in spilled cargo accidents, federal law mandates that truck cargo is loaded and secured properly. Cargo securement systems must meet specific criteria to comply with the Federal Motor Carrier Safety Administration’s regulations. If a trucking company failed to ensure that these standards were met and an individual is injured or killed as a result, the trucking company may be liable for damages.

Liability for Car Accidents Caused by Loose or Fallen Truck Cargo

In many truck accident cases, the trucking company is ultimately liable for damages. However, it is also possible that another party’s actions may have caused or contributed to the accident. For example, if the tie-downs used to secure cargo were defective in their design or manufacture, the company that designed or manufactured the tie-downs may be liable. If another vehicle struck the truck causing it to spill cargo onto the roadway, the driver of the vehicle that hit the truck may be partially or fully liable for the accident.

Contact a Van Horn Truck Accident Lawyer

If you or a loved one were hurt in an accident caused by loose truck cargo or spilled cargo, contact James Kennedy, P.L.L.C. at 915-544-5200 for help. Our El Paso truck crash injury lawyers understand the complexities involved in truck accident cases. We can help you determine who is liable for the accident and pursue compensation for your damages.

Source:

https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules