Determining Liability When Unsecured Truck Cargo Causes Accidents
Commercial trucks are an important part of American society because they transport more over-the-road cargo than any other vehicle. In 2017 alone, the American Trucking Associations estimated that approximately 11 billion tons of freight were transported throughout the country.
There is almost no limit to what large commercial trucks can tow. If not properly secured, though, that cargo can fall out. When it lands on the road it poses a major threat to those that are driving by. Drivers will not expect to have debris all over the road, and when coming upon it there is a high risk for an accident taking place.
Victims of an accident as a result of cargo dropped on the road in Texas, can call the Low Law Firm to speak with an Abilene truck accident attorney. Victims of these incidents may be entitled to compensation.
Who is Responsible for Dropped Cargo that Causes Accidents?
Any cargo that falls off of a truck can slam into other vehicles and obstruct the road. The potential for catastrophic accidents and considerable destruction is significant. Even toxic and flammable materials can be released onto the road and be dangerous to the public.
Because of the alarming implications that can come from cargo or other materials coming out of a truck while in transit, the Federal Motor Carrier Safety Administration has requirements for how to properly and securely load cargo. When done correctly by these FMCSA standards, cargo should be fastened and steady. So when the truck is in motion it is not going to move around and break free of these restraints.
Still, there are several traffic accidents reported every year as a result of cargo that falls out from commercial trucks. Most often, this happens because the cargo was not immobilized according to the FMCSA standards. These violations can have deadly consequences.
Determining who is liable for an accident from fallen cargo can be complicated. There may be one or many parties responsible for the incident happening.
For example, the following parties could be liable:
- The party that packed the truck and fastened the cargo may have made errors that breached FMCSA guidelines.
- The trucking company may not have checked the cargo to ensure it was properly battened down before the truck hit the road.
- The equipment used to secure the cargo was defective.
The most challenging part of these types of accidents is identifying who is accountable for a victim’s damages. A thorough inspection and examination of the accident though can expose what party or parties are to blame. A qualified and experienced truck accident lawyer will know how to unravel these complex incidents and help victims obtain compensation for their damages.
Speak to a Texas Truck Accident Attorney Today
The devastation that can result in a trucking accident of any kind, including when the cargo becomes loose and falls out of a trailer, can be severe. Victims that suffer harm from these incidents should speak with an Abilene personal injury attorney to have their case reviewed.
The Low Law Firm is an injury law firm in West Texas that can help victims with their claims. Call today to schedule a free consultation at (325) 455-1889.