Shumate, Flaherty, Eubanks & Baechtold
Call For A Free Consultation
859-353-0878 | 800-494-9916
Menu Contact
Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Assigning liability for truck load failures

The massive size of the semi-trucks you see on Richmond's roads is already intimidating; imagine how much more so they can be when those vehicles are packed to the brim with freight. Truckers need to be mindful of their cargo and the obligation that they have to their clients to deliver it on time (and in one piece). At the same time, they need to be aware of their position on the road and the dangers that their vehicles (and their loads) pose to other drivers. Many have come to see us here at Shumate, Flaherty, Eubanks & Baechtold following accidents caused by truck load failures wondering what sort of legal recourse they may have. 

That is often a difficult question to answer, as truckers may not be responsible for loading their vehicles. The loading and securing of their cargo is often done by employees of the companies whose products they are transporting. Thus, the difficulty becomes pinpointing whether the issue that lead to a load failure was due to the loading of the cargo or the actions of the driver while behind the wheel. Cargo and freight may shift during transport, but an argument could be made that had it been securely loaded in the first, such shifts should not happen. 

One aspects of their vehicles that drivers do have complete control over is their trucks' overall weight. According to Section 189.221 of Kentucky's Revised Statutes, the total weight of semi-trucks and tractor trailers is not to exceed 36,000 pounds (80,000 if the cargo includes building materials). You might easily argue that a driver transporting too much freight is at fault in an accident regardless of what caused his or her load to fall into the road. 

More information on safety standards for the trucking industry can be found here on our site. 

No Comments

Leave a comment
Comment Information
Email Us For A Response

Free Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Flexible Appointments And Meeting Locations

We offer flexible appointments to accommodate your busy schedule. In addition to regular business hours, our attorneys are able to meet with injured clients, who are unable to travel, on nights and weekends, as well as at off-site locations such as your home, office or hospital.

Call Shumate, Flaherty, Eubanks & Baechtold at 859-353-0878 to schedule a free consultation today. You can also send us an email. Flexible appointments available.

Shumate, Flaherty, Eubanks & Baechtold

225 West Irvine Street
Richmond, KY 40475

Toll Free: 800-494-9916
Phone: 859-353-0878
Fax: 859-623-6406
Richmond Law Office Map

P.O. Box 157
Richmond, KY 40476