Poorly secured or overloaded cargo is an underestimated danger on Florida roads, especially when large commercial trucks are involved. While most people worry about speeding or distracted driving, in-transit hazards like improperly secured freight can also lead to devastating commercial vehicle crashes with little warning.
According to the Federal Motor Carrier Safety Administration (FMCSA), loose or falling cargo caused approximately 4,000 crashes in 2021, including 1,000 crashes resulting in injuries. These incidents raise serious questions about liability: Who is to blame, and who pays for the damages?
If you were injured by road debris from an overloaded truck, you’ll need to identify who’s responsible to pursue the compensation you deserve. Read on to learn how loose cargo results in accidents, which parties can be held accountable, and why you need a Miami truck accident lawyer’s help.
How Loose Cargo Causes Truck Accidents
Loose cargo can be the cause of multiple types of crashes. Here’s an overview of the most common:
- Falling Cargo Accidents: Improperly secured cargo may fall off a flatbed, a trailer, or an open-bed truck. If that cargo strikes another vehicle, the impact force can be severe enough to injure occupants. Even if it doesn’t make direct contact, fallen cargo becomes a dangerous road hazard that can block roadways and damage other vehicles.
- Swerving to Avoid Debris: Loose cargo may tumble onto the road, forcing trailing drivers to swerve abruptly. This sudden maneuver can result in a loss of control, multi-vehicle pileups, or cars veering off the road altogether.
- Shifting Cargo in the Trailer or Truck Bed: When cargo isn’t properly secured inside a trailer, it can shift during transport and throw off the truck’s balance. This sudden change in weight distribution can cause the truck to fishtail, jackknife, or even roll over, putting nearby drivers at serious risk.
Who Is Liable for Loose Cargo Truck Accidents?
Determining fault in these cases isn’t always straightforward. Several parties can be legally liable for cargo falling off a truck, depending on how it was loaded, secured, or transported, including:
- Truck Drivers: Truck drivers are responsible for inspecting their vehicles and loads before hitting the road. If drivers fail to check the cargo’s security and weight distribution or to ensure compliance with federal cargo securement rules set by the Federal Motor Carrier Safety Administration (FMCSA), they may be found negligent.
- Trucking Companies: Trucking companies must properly train their drivers, enforce safety protocols, and maintain their vehicles. They may share in the blame if they allow unsafe loading practices, skip required inspections, or push for unrealistic delivery timelines that encourage the former.
- Third-Party Loaders or Contractors: In some cases, the owner of the cargo or a third party they subcontracted may be responsible for failing to secure the cargo correctly. They can be held accountable for your injuries if they failed to follow industry standards or federal guidelines during loading.
- Manufacturers of Securement Devices: Although rare, the hardware used to secure the cargo to the truck or trailer may have been defective. For example, straps, tie-downs, or containment systems may fail due to a quality issue or an unsafe design. In either case, the equipment manufacturer can be liable for your injuries.
Because liability may be divided among several parties, it takes careful legal analysis and accident reconstruction to determine who should be held accountable for your injuries. A skilled Miami truck accident lawyer has the resources and experience to assess the facts, identify all parties involved, and determine who is responsible for your injuries.
Why You Need a Miami Truck Accident Lawyer
Truck accident cases are more complicated than standard car accident claims. Each party involved, from the truck driver to the trucking company to third-party contractors, has their own insurance provider.
And because Florida uses a modified comparative negligence system, even small errors on your part that might have contributed to the collision, such as failing to brake in time, could reduce your compensation.
After an accident involving loose cargo, each party may try to shift blame, minimize their degree of responsibility, or assign fault or partial responsibility to the victims.
An experienced attorney can assist you with the following:
- Investigate the cause of the crash using accident reports, dashcam or traffic footage, and expert analysis.
- Identify all potentially liable parties, including those behind the scenes.
- Obtain maintenance logs, cargo loading records, and compliance documentation.
- Handle communications and negotiations with insurance companies.
- Protect your right to compensation by explaining what you should or shouldn’t say to the other parties and their insurers.
- Calculate the full scope of your damages, including medical expenses, lost wages, and pain and suffering.
Get Help After a Loose Cargo Accident in Miami
If you or a loved one was injured due to a truck’s loose cargo, don’t face the legal battle alone. These crashes are often the result of negligence, and you have the right to seek compensation for your injuries and losses.
At Aigen Injury Law, our legal team has extensive experience and a proven track record handling truck accidents, including a $180,000 tractor-trailer negligence verdict. We’ll thoroughly investigate your claim and build a case to get you the compensation you need to focus on healing.
Contact us today for a free consultation. Let us help you get answers and justice after a truck accident.