Determining Liability for a Truck Accident Caused by Loose Cargo
Texas highways such as I-35 and I-10 are busy corridors for commercial trucks. With so many of these massive trucks carrying large loads every day, loose cargo poses a real safety risk. Improperly secured cargo can spill onto the road, causing multi-vehicle accidents that result in devastating injuries. If you or someone you love has been injured in a crash due to loose cargo, you may be able to file a claim for compensation. Our San Antonio cargo securement accident attorney explains how to determine liability for these crashes below.
Common Causes of Cargo Securement Accidents
Cargo securement accidents occur when the load on a truck is not properly loaded, distributed, or secured. In some cases, the cargo may fall onto the roadway and other drivers may not have any way to avoid it. Other times, the load inside the trailer may shift, causing the driver to lose control of the truck and result in a jackknife or rollover accident.
Under 49 CFR Part 393, the Federal Motor Carrier Safety Administration (FMCSA) outlines strict rules for how cargo must be loaded and secured onto a truck. When trucking companies and truck drivers fail to follow these rules, it puts everyone on the road at risk.
Who is Liable for Accidents Caused by Improperly Secured Cargo?
Determining liability for an accident caused by improperly secured cargo depends on who was responsible for loading and inspecting the cargo, as well as operating the truck. As in any other type of truck accident case, there are multiple liable parties who may be liable for a crash. These include:
- Truck drivers who fail to inspect their cargo before getting behind the wheel
- Trucking companies that pressure drivers to ignore safety rules or take shortcuts
- Third-party loading companies and warehouses, if a contractor was responsible for properly loading the cargo
- Manufacturers of defective straps, tie-downs, and other equipment that contributed to a crash
More than one of the above parties can be liable for an accident, which makes these cases particularly complex.
What to Do After an Improperly Secured Cargo Accident?
It is important to call police to come to the scene and write a report after a cargo securement accident. If possible, take photos of the scene, including the vehicles involved, the roadway conditions, the spilled cargo, the truck’s license plate number, and your injuries. After visiting the scene, seek medical attention, even if you do not think you were hurt, to protect your health and your legal claim. Then do not hesitate to contact a truck accident lawyer.
Our Cargo Securement Accident Attorney in San Antonio Can Determine Liability
At the Law Office of Israel Garcia, our San Antonio cargo securement accident attorney can review the facts of your case and conduct an investigation to determine who is liable for paying damages for your injuries and other losses. We will handle the legal details of your claim so you can focus on your recovery. Call us today at 210-LAW-9999 or fill out our online form to request a free consultation and to get the sound advice you need. There is no fee whatsoever unless and until we obtain a settlement or recovery for you.
Source:
ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-393
