The cargo that gets transported on commercial trucks should never be loaded haphazardly. Whether it’s a single massive item or many smaller items, its weight needs to be distributed correctly to ensure that it can be moved safely. When a truck is loaded improperly, the cargo poses a serious risk to every other driver on the road.
Improperly loaded cargo can fly off the truck and strike other vehicles. It can sit in the middle of the road waiting for someone to hit it. It could even cause the truck itself to tip over and cause a pileup.
If you or someone you love has been injured in a Texas truck wreck caused by unsecured cargo, you’re probably wondering where to turn to seek compensation. As with other types of truck wrecks, there are several parties who could bear a share of the responsibility.
Sometimes the driver was the one who loaded the truck, so he or she would be responsible.
When someone else loads the truck, the driver still has a duty to operate the truck safely. Driving unsafely, such as by braking improperly or yanking the steering wheel, can cause the cargo to shift and fall off the truck. In those instances, the driver could be held at least partially responsible.
Trucks are often loaded by third-party crews hired by the trucking company or the shipper. If a crew loaded the truck in a way that made the cargo unbalanced or dangerous, the crew could be liable.
Freight brokers are middlemen who arrange deliveries. If the broker directs a trucker to carry an unsafe load or encourages people to cut corners when loading cargo, the broker could bear liability for accidents.
The truck driver’s employer can be liable for unsecured load accidents. Companies must follow cargo securement rules issued by the Federal Motor Carrier Safety Administration. These help to ensure that cargo doesn’t fall off the truck or shift suddenly. Failure to comply with federal trucking regulations can make the company liable.
Also, if the truck driver is liable, then the trucking company could also be held liable. This would be done through a legal rule called respondeat superior.
A personal injury attorney can help you identify which parties might be liable for your accident. At Ted B. Lyon & Associates in Dallas, we investigate thoroughly and gather evidence to build the strongest claim we can. We will help you obtain the compensation you deserve.
Please call 877-Ted-Lyon or contact us online anytime to arrange a meeting with our team. Initial consultations are free.
