Falling Cargo Accidents

October 22, 2024

You’re driving down the interstate, and suddenly, the tractor-trailer ahead of you loses control, and cargo spills from the trailer. The road is littered with cargo and causes several cars to hit and injure you.

This is a typical scenario in a falling cargo truck accident every day across the country. Falling cargo accidents have many causes, and the resulting injuries may be severe and sometimes fatal. Learn all about falling cargo truck accidents in this article, then speak to a truck accident attorney if you think you have a case.

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The Impact Of Falling Cargo Accidents In The US

The Federal Motor Carrier Safety Administration (FMCSA) reports that about 10,000 truck accidents over three years involved falling or shifting cargo. The agency also reports that cargo problems accounted for up to 7 percent of all truck crashes in that period.

The Duty To Load Cargo Safely 

Truck drivers, employers, and others can be liable if an improperly secured load injures someone. Trucking carriers and drivers have a responsibility to secure their loads safely. They must do the following:

• Properly distribute cargo in the truck.
• Properly secure cargo in the truck so it doesn’t fall off during transit.
• Secure spare tires, tailgates, doors, and related truck equipment.
• Cargo is not allowed to obscure the driver’s view.
• Cargo is not allowed to impede the driver from driving safely.

Truckers also need to be sure that all hooks, chains, straps, wenches, robes, and bracing are secured before driving. There are additional rules for loading special types of cargo, such as:

• Lumber or logs
• Concrete pipes
• Metal coils
• Rocks and boulders
• Cars
• Paper rolls above 5,000 pounds
• Tractors, bulldozers, and other heavy equipment
• Intermodal containers
• Crushed or flattened vehicles

Truckers must also periodically check their load when they stop to ensure everything is secure on the trailer. When drivers do not correctly secure cargo when loaded or don’t monitor it regularly, they can be liable for injuries in an accident. Truckers are generally required to inspect their cargo at these points:

• Before beginning a trip.
• At least once during the first 50 miles.
• Any time the driver’s duty status changes.
• At least every three hours or 150 miles.

If the driver notices any issues with cargo, they need to make adjustments before continuing their drive. They may need to add more security devices to ensure the truckload is safe for transit.

How Falling Or Shifting Cargo Causes Truck Crashes

A falling cargo accident can have devastating consequences, but most can be prevented. A falling or shifting truck cargo accident usually happens when cargo on a commercial truck falls, shifts, or becomes dislodged during travel. Cargo can become loose or fall in the following ways:

Loss Of Stability Or Balance

Cargo in a commercial truck trailer usually weighs tens of thousands of pounds. The vehicle’s equilibrium is thrown off if the cargo falls or shifts. The truck’s center of gravity may change suddenly and become unbalanced. The imbalance may affect the truck’s stability, making it difficult for the trucker to control the vehicle.

Suppose the cargo in a truck shifts when the truck driver swerves in their lane because they fell asleep. This mistake can cause the cargo shift to make the vehicle harder to control, triggering a severe truck crash, such as a jackknife accident. A jackknife crash can cause your and other vehicles to slam into the truck.

Truck Tips Over

Sometimes, the truck’s cargo shifts to one side because it’s improperly loaded, or the trucker swerves or drives recklessly. Thousands of pounds of truck cargo on one side of the trailer may cause the entire rig to tip onto the road or other vehicles.

Tip-over accidents are common when a tractor-trailer makes a sharp turn or goes around a bend. The turning and potentially loose cargo in the trailer can cause the truck to turn onto its side. A fatal accident may occur if the trailer, weighing 50,000 pounds or more, tips onto another vehicle.

Truck Jackknifes

If truck cargo flicks, the trailer may shift to the side as the cab moves forward. This creates an angle between the trailer and the cab, also known as a jackknife accident. Jackknife crashes are hazardous because many vehicles can slide under the side of a trailer.

Crashes With Other Vehicles

Falling cargo from a trailer or flatbed poses a severe risk to other drivers. Other vehicles may hit the cargo and get into multiple accidents. Drivers also may swerve to avoid the cargo and run off the road or hit other motorists.

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What Causes Falling Cargo Truck Accidents? 

The people and entities that load the cargo onto a truck must take caution to ensure that the products don’t become loose, shift, or fall. When the parties loading the truck don’t maintain this duty of care, the result may be a catastrophic accident. Multiple parties responsible for securing the cargo may be liable for your losses. Common reasons that cargo shifts or falls from trucks during transport are:

Boxes Are Stacked Too High

Cargo loaders may feel pressured to stack cargo higher than safety allows. Cargo loaded too high in the trailer will increase the rig’s center of gravity, making it more likely to shift during transit. Boxes stacked too high also make the truck more likely to tip over and cause a severe accident. A tip-over accident can crush much smaller vehicles, potentially causing devastating or fatal injuries.

Cargo Is Distributed Unevenly

Remember that a truck trailer usually contains tens of thousands of pounds of cargo. Unevenly distributed cargo causes the weight of some tires and parts of the suspension to be greater than others. This imbalance can affect the rig’s handling and stability and contribute to accidents.

Improperly Secured Load

Cargo must be correctly secured with restraints, straps, and other methods. The FMCSA has detailed rules about how truck cargo must be secured. For example, the rules state that articles of cargo most likely to roll or move must be secured by wedges, chocks, cradles, or other items to prevent them from moving. Also, the FMCSA rules state that it is against regulations to overload a trailer with too much cargo, which may cause a loss of control or tire blowout.

When cargo is improperly loaded, cargo can shift during travel and cause a crash.

Improper Cargo Restraints

Cargo straps and chains must be in excellent condition to secure the cargo. If the restraints are old, broken, or defective, they can snap during transit and contribute to a crash.

Who May Be Liable For A Falling Or Shifting Cargo Accident? 

Any personal injury claim can be complicated, but a tractor-trailer accident because of falling or shifting cargo is usually one of the most complex. This is because multiple parties may be liable for the accident and injuries. One or more persons or entities can face liability from a truck crash caused by falling or loose cargo:

• The trucker: Most truck accidents are caused at least partly by the driver. The driver must ensure that the cargo is secured and loaded properly. Not doing these critical duties can put the trucker at fault for a falling cargo accident. The driver also can be fired and even lose their commercial driver’s license (CDL).
• The company: State and federal law require cargo to be secured correctly. If the trucking company doesn’t obey the law or encourages cargo to be loaded unsafely, it can be liable for the crash.
• Cargo loading company: The people who loaded the cargo could be employed by a company other than the trucking employer. If so, the cargo loading company and the trucking employer can be liable for the accident.
• Vehicle and part manufacturers: The manufacturer can be liable for the crash if any part of the truck or the restraints were defective.

An important reason to retain a truck accident lawyer for your case is that many possible parties can owe you damages. It takes the skill and experience of a truck accident lawyer to find the parties responsible for your losses. Attempting to sue the driver alone may lead you to avoid holding the employer or other entity liable for your losses.

Evidence That May Prove Liability In A Falling Cargo Accident

A truck accident attorney will review various types of evidence to prove that another party caused the falling cargo accident that injured you. Some of the evidence that can be critical to proving fault in a falling cargo truck accident include the following:

• Crash eyewitness accounts: Other drivers or pedestrians may have seen the truck accident and can testify to how it happened. They can relate that a negligent driver action led to the cargo shifting or falling from the vehicle.,
• Crash scene analysis: An accident reconstruction expert may review crash scene evidence, such as skid marks, patterns of debris, and vehicle positioning, to prove how the accident happened.
• Records for loading cargo: Documentation exists showing how truck cargo was loaded, distributed, and secured, which can show whether workers loaded the goods correctly.
• Maintenance records: Truck maintenance logs may show if equipment failures, such as tires or brakes, contributed to the crash. 
• Photos and videos of the crash scene: It may help your attorney if you have photos and videos after the accident.
• Accident surveillance footage: Traffic cameras may have captured video footage of the accident. Local businesses can also set up surveillance cameras.

Your attorney is skilled and knowledgeable in building a solid legal argument with accident evidence. With their help, you are more likely to obtain compensation for your medical bills, lost income, and pain and suffering.

What Is A Truck Accident Claim Worth? 

A semi-truck crash from falling cargo can cause tremendous physical and emotional damage. It’s common for truck crash victims to ask how much they can get from a falling cargo accident. It’s hard to say because every case is different, but there are several common worth factors in most truck crash cases:

Liability 

Who is liable is a major factor in the truck crash claim value. For you to obtain compensation in a lawsuit, the liability for the accident must be by another party. You can’t claim compensation for an accident that you caused.

On a related note, who is liable will affect the compensation available. For example, many regular auto insurance policies only cover $20,000 or $30,000 of auto accident damages. On the other hand, if the trucking employer is partially liable for the cargo accident, $750,000 or more of potential coverage may be available.

Type Of Injuries

What is the nature and duration of your accident injuries? As the severity of the injuries increases, so does the claim’s value. For example, a truck crash with a traumatic brain injury (TBI) will be worth more than one with a broken bone. A TBI can require years of treatment and therapy, so the value would be higher.

Severity Of The Accident

Many truck accidents are severe. For example, suppose a falling cargo accident caused you to drive into a concrete barrier at high speed as you took evasive action. The crash probably has a major impact on your life regarding the severity of injuries and related consequences. A severe accident that causes you to be out of work and unable to enjoy life for years would be worth more than an accident injury you recovered from after a month.

Contact A Truck Accident Attorney Today 

Were you injured in a falling cargo truck accident? Another person’s or entity’s negligence likely injured you, so you should speak to a truck accident attorney. A truck crash lawyer can review your case for free to determine your legal options. You don’t pay legal fees for your attorney’s services unless they win your case. There are no upfront legal fees for your personal injury attorney’s work. They are paid through a contingency agreement, which means they are paid a fraction of your settlement. Don’t delay, call today.

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