Who is Liable if You’re Hit by Cargo Falling Off a Truck?

Have you ever been driving behind a cargo truck on the highway and imagined something falling off and hitting your car? That’s not just an intrusive thought. Cargo can and does sometimes fall off, and when this happens, the results can be catastrophic. Last year in Texas, a truck carrying an oversized load lost its cargo, which fell onto a car, killing two occupants.

Despite strict regulations, accidents caused by cargo debris are actually more common on highways than you might expect. Determining liability in these scenarios becomes complicated because multiple parties could be responsible for the incident. Annually, 50,700 road debris accidents, 10,000 injuries, and 125 deaths are reported to the police.

If you or someone you know have been a victim of a road debris accident, then you may wonder if you can file a claim and, if so, against whom. The legal team at Pat Maloney: Accident & Injury Attorney has been helping road debris accident victims in San Antonio, Texas, for 70 years. They’ve covered a wide range of scenarios and can help you determine the liable party and explore your legal options. Let’s take a closer look at different types of cargo accidents and how liability is determined.

Types of truck accidents that involve problems with cargo

Cargo falling from a truck is just one type of cargo-related accident. Truck drivers and companies that fail to properly load their trucks can cause all sorts of catastrophic accidents. Here are some ways poorly loaded cargo can contribute to crashes.

●     Improperly secured cargo

Sometimes, loose cargo can fall off a truck and strike another vehicle, as in the case above. However, even cargo that falls onto the road without striking a car can cause serious crashes. Objects left on the road may cause drivers to swerve, potentially sideswiping other vehicles. Striking a large object may even cause a vehicle to crash or flip. The federal government has clear regulations regarding how to secure loads with proper shoring bars, dunnage, and tiedown lines to ensure safety for everyone and avoid these types of accidents.

●     Rollover accidents

Unsecured cargo can cause instability, resulting in drivers losing control and even rolling. Sometimes, the vehicle falls onto other cars, causing damage to that other vehicle and injury to passengers. Truck drivers are obliged to follow the speed limit, slow down on busy roads, and ensure their loads are appropriately secured to avoid accidents and maintain safety on the road.

●     Rear-end and sideswipe accidents

Vehicles with cargo rigs are enormous and need more time—5 to 6 seconds—to stop and avoid collisions. Trucks that overload their cargo can take even longer and become less stable. Fast driving and the inability to control the vehicle immediately can cause hazardous rear-end and sideswipe accidents.

●     Jackknifing

Jackknifing is another deadly type of accident in which trucks fold 90 degrees in a Y-shape, causing mayhem on the road. It usually happens due to hard and fast braking, poor brake maintenance, or because of cargo imbalances.

Determining liability in cargo accidents

If you are hit by falling cargo from a truck, negligence by an individual or multiple parties may be responsible for the accident. The truck driver, trucking company, maintenance individual, or cargo company that loaded the cargo could all be responsible, depending on the circumstances.

●     Trucking company

Trucking companies are responsible for strictly following Federal Motor Carrier Safety Administration (FMCSA) guidelines when handling fleet cargo.

The company may be liable for multiple reasons, such as inadequate driver training that led to the mishandling of cargo, the company forcing the driver to carry more than the regulatory limit, poor truck maintenance, defective pieces used to secure the cargo, etc.

●     Cargo loading company

The cargo loading company or the individual cargo loader may be partially responsible if you are hit by falling cargo from a truck. Cargo companies must use the proper type and number of securement devices to ensure safety for everyone on the road.

The FMCSA has clear cargo securement rules that all trucks operating interstate commerce must follow. If the cargo loader fails to follow the standard operating procedure and an accident happens in that case, you are eligible to seek settlement from their insurance company.

●     Truck driver

According to the FMCSA, 87% of truck accidents are caused by driver error. Cargo loading issues are also typically caused by human error. Whether it’s a conscious violation of trucking regulations, inexperience, or an oversite, these incidents can cause irreparable harm.

Truck drivers are typically insured by trucking companies unless hired on a contract basis. In that case, you can seek restitution from the truck driver’s insurance company.

Seeking settlement if you’ve been injured in a cargo accident

Cargo accidents happen on the road despite clear federal laws and regulations, injuring people and sometimes taking lives. People often lose their savings because of medical bills—not to mention the emotional toll it takes on their lives. Thankfully, these burdens don’t need to be shouldered alone.

Remember, in cargo debris accidents, you have the right to a legal claim for your losses from the at-fault parties. Federal laws ensure that negligence by trucking companies, cargo loaders, and truck drivers can be addressed in court, holding them accountable for their actions.

However, the complexities of the claim can be challenging to foresee and understand on your own. Hiring a cargo debris accident lawyer is crucial, as they can help clarify procedures and documentation and successfully present your case in court. A skilled attorney will passionately advocate your rights and fight opposing insurers to help you receive the compensation you deserve for lost wages, emotional distress, and medical expenses.

Contact an experienced cargo debris lawyer at Pat Maloney: Accident & Injury Attorney today for a free case evaluation. Pat Maloney: Accident & Injury Attorney offers aggressive representation for every client. Call us at 210-851-9568 or fill out our online contact form.