Your Well-Being Is Our Priority

Who is responsible for crashes caused by unsecured truck loads?

On Behalf of Bennerotte & Associates, P.A.

Feb 3, 2023

Truck/Semi Accidents

Large truck accidents may occur due to an assortment of reasons. Brake problems on the vehicle. Road congestion. Prescription and over-the-counter drug use by the driver. Driving too fast for conditions. An inexperienced and poorly trained driver. A fatigued driver.

These are just some of the more common reasons. Another contributing factor may be the truck’s cargo. With unsecured and unbalanced loads, the large truck may be at risk to roll over, spilling its load onto the roadway and potentially leading to serious and life-changing injuries to any driver who happens to be in the area. This makes one wonder: Who is at fault?

Loading companies, trucking firms and drivers

The uneven weight distribution leads to extra movement for the cargo. As a result, this makes it more difficult for the driver to control the large truck carrying anything from building materials and heavy equipment to vehicle parts.

While federally sanctioned cargo securement rules have been in place for more than two decades, accidents related to unbalanced loads continue to occur on U.S. roads.

In such accidents, fault typically lies with any of these parties:

  • The freight loading and packing companies: Poorly distributed cargo is the result of an improperly loaded trailer. These companies must properly train and supervise their employees to ensure safe loads.
  • The trucking carrier: Trucking companies have the responsibility to ensure cargo is safely loaded. They may have staff to perform such duties or even retain a third-party company to do the work. However, these workers must receive proper guidance in fulfilling these tasks.
  • The truck driver: In certain circumstances, truck drivers direct and monitor the team that loads the cargo. An oversight on the truck driver’s part may lead to an improperly loaded trailer.

Negligence may play a factor when these crashes take place, and these three parties may even sometimes equally share in the blame.

Seek legal advice

The shifting weight of an improperly loaded truck more than likely makes it problematic for the truck driver to maneuver the large truck. This hazard can lead to a crash with severe injuries, changing the lives of so many people. If you are an injury victim, seek legal advice.