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Given that there are over a million active truckers located throughout the United States, commercial trucking accidents are unfortunately (and rather predictably) common.  According to a 2015 study conducted by the Federal Motor Carrier Safety Administration (FMCSA) which accounted for large trucks alone, there were a total of 3,598 fatal crashes and 83,000 injury crashes on an annual basis. 

Commercial trucking accidents can be caused by a number of different factors, such as inadequate driver training, intoxication, negligent maintenance of the vehicle, defects, understaffing and poor scheduling, speeding, negligent driving, and — uniquely — improper cargo loading.  For example, if cargo is improperly loaded onto a truck, then the load may be unevenly distributed and create balance issues when navigating the road, which could lead to a collision or overturning accident.

Cargo loading is a multi-layered issue, however, that can involve multiple defendants and claims.  Let’s take look at the unique considerations for a trucking accident claim that is based on improper cargo loading.

Multiple Defendants

If you’ve been injured by a truck driver in an accident that was caused — in substantial part — by the improper cargo loading of the truck, a claim could be brought against a variety of defendants.  At different stages of the process (loading, inspection, and driving), various parties may have acted negligently and thereby contributed to the accident.

To better understand, let’s go through a quick example.

Suppose that you are injured in a trucking accident — the commercial truck overturned (due to improper loading of the cargo) and collided with your vehicle.  You consult with a qualified truck accident attorney who conducts factual discovery and further investigates the circumstances of the accident.

Your attorney discovers that the trucking company was delivering goods for a manufacturer.  The manufacturer’s warehouse workers loaded the truck with the cargo.  The warehouse workers failed to properly load the cargo, resulting in an imbalanced vehicle that posed a serious risk of injury to others.  As such, the manufacturer may be at least partially liable for the accident.  One could also argue that the trucking company may be liable too, as perhaps a reasonable inspection by the trucker would have revealed the improper cargo loading issue.

In the above case, you may be able to bring a claim against both the manufacturer and the trucking company.

Adherence to Regulations

Loaders must adhere to federal and state regulations for cargo loading.  FMCSA regulations require that cargo be firmly secured, protected and in-between spaces be filled adequately by inflatable fillers.  These regulations set minimum standards for cargo securement (and the requirements vary depending on the nature of the cargo).  If loaders fail to load and secure cargo in accordance with applicable regulation, then such conduct will likely be considered negligent.

If you have been injured in a truck accident that was caused by improper cargo loading, contact Randall Spivey today to setup a free consultation with an experienced Fort Myers personal injury attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A.  We will assess your claims and help you execute a plan to move forward.