Is a Truck Driver Responsible for Shifting or Falling Cargo?
According to the Federal Motor Carrier Safety Administration (FMCSA) regulations, the truck driver is responsible when transporting cargo. The trucks should also be loaded and properly equipped to prevent the cargo from shifting in transit. Truck drivers must also ensure their trucks have the FMCSA-required securing systems and devices that meet the standards for strength. These devices must function properly and remain tightened during travel.
With these regulations in mind, if falling or shifting cargo causes an accident, a truck driver may be responsible in the following situations:
- They drove recklessly, causing the cargo to shift or fall
- Failed to conduct proper inspections before driving
- Ignored noises or sensations that indicated shifted cargo
- Failed to follow FMCSA regulations
However, it is important to note that other parties are involved in loading cargo and keeping it safe during transit. Our Hollis Law Firm lawyer assesses every detail of the accident to ensure the appropriate parties are held accountable for their negligence.
Who May Be Liable for a Cargo-Related Truck Accident?
Truck drivers are not the only people responsible for ensuring cargo is secure during transit. Depending on your unique circumstances, one or more of the following parties may be liable for a truck accident caused by shifting or falling cargo:
- Trucking Company: The FMCSA regulations apply to trucking companies, so they have a duty to ensure cargo is secure. If they neglect this duty, fail to maintain their equipment, or do not effectively train their drivers, they may be responsible for an accident.
- Loading Crew: The crew loading the cargo on a truck is responsible for properly loading trailers and securing shipments to prevent shifting and falling. If they fail to do this and neglect FMCSA regulations, they may be liable for your injuries.
In some cases, a truck driver may observe a loading crew. If the driver has control over this process and is done incorrectly, the driver and trucking company may be liable for shifting or falling cargo. However, the crew may be held accountable if the truck driver did not oversee this process or if it was done in a concealed container.
Schedule a Free Consultation With the Reputable Truck Accident Lawyer at Hollis Law Firm
If you have been injured in a truck accident due to cargo shifting or falling, you may assume the truck driver is responsible for your damages. While this may be true in some cases because drivers must inspect their vehicles and keep cargo tightly secured during transit, trucking companies and loading crews also have a duty to follow FMCSA regulations and act responsibly.
At Hollis Law Firm, we understand these federal regulations and use this knowledge to determine who is responsible for your injuries. Our attorney fiercely advocates for your rights and builds a strong claim using a personalized strategy tailored to your needs. With our comprehensive approach, you can focus on recovery without the weight of the legal process on your shoulders. To schedule a free consultation, give us a call at (800) 701-3672 or fill out our contact form.
