Many drivers avoid trucks when traveling on the road out of fear of crashing into them. If you’re driving a small car, you are at greater risk of a serious or fatal injury if a truck accident happens. This concern has grown as truck related crashes across the U.S. have become more common. Kentucky, in particular, has seen an increase in the number of fatalities in 10 years, according to a 2021 truck crash report.
Beyond collisions, trucks may accidentally lose their cargo or debris may fall from their vehicles while driving on the road. In such cases, the truck driver is more likely to be liable. Nonetheless, when unfortunate incidents like this occur, it is best to know who is really at fault to help you properly process your insurance claims or seek compensation from the liable party.
When a loose cargo is the culprit for a crash, here are other parties that may be responsible:
The truck driver expected to operate safely
As the one driving the truck, the driver is responsible for driving the vehicle safely. A driver may be liable if their violation of traffic laws like speeding, improper changing of lanes or failure to respond to warning hazards contributed to the cargo falling.
The trucking company that supervises the drivers
The company may be liable if they have overlooked proper personnel management that may lead to its drivers’ unsafe driving conditions. Insufficient drivers’ training, poor safety inspections and overscheduling the drivers may result in their overfatigue, playing a vital role in avoiding cargo from falling.
The maintenance companies overseeing truck maintenance
To keep the cargo intact and secure, the companies responsible for truck maintenance should check for any worn or defective equipment. If mechanical failures cause the loose cargo leading to your crash, these companies are also responsible.
The cargo loaders responsible for securing the load
Trained loaders are expected to load and secure the cargo in the truck before it hits the road. These loaders may be in-house employees or workers from a third party loading company. If they have loaded the truck with unsecured cargo that placed you at risk, the company may be liable for negligence in failure to check proper stacking, inadequate restraints and uneven cargo weight.
Additionally, if these companies did not adhere to federal cargo securement policies, they may be responsible when loose cargo leads to your accident.
Why determining liability matters after a truck cargo accident
Negligence by several parties, including the truck driver, can turn a smooth drive into a stressful incident. Cargo loading companies are required to secure the truck loads prior to traveling. Courts will consider any party that might have overlooked safety policies to determine accountability for your accident. Knowing who may be liable within the context of truck accident claims can help you assess your position and determine your next step.