Who is liable when a truck’s load shifts?

When a truck’s cargo shifts suddenly, it can cause the entire vehicle to become unstable. If the trucker loses control and the truck jackknifes, tips over or crashes through barriers, everyone in the truck’s path is at risk. In these situations, it can be difficult to determine who to hold liable for what could be catastrophic damages.

The complicated chain of responsibility

Federal safety standards require that cargo be secured to prevent any movement that could affect the truck’s stability. While the driver is tasked with inspecting the load, the responsibility for improperly loaded or secured cargo may reach much further back in the process. Consider these parties who may be accountable for a shifting load:

• Loading companies that failed to use proper bracing or straps
• Cargo owners who provided incorrect weight or balance data
• Trucking companies that did not provide the right equipment for a specific type of freight
• Truckers who fail to check cargo, especially after sharp turns or steep hills

Identifying who may be involved is necessary to hold every party accountable and maximize damages for victims who pursue a lawsuit.

Digging into the data after a crash

Evidence at a crash site can be cleared away in a matter of hours to reopen the road, making a swift investigation critical. Beyond the physical debris, digital data provides a clear picture of what happened in the moments leading up to the shift. Valuable data points often include:

• Electronic logging device data that tracks sudden braking or swerving
• The truck’s event data recorder which captures speed and force at the time of impact
• Bills of lading and weight tickets that could show if the trailer was over its legal limit
• Onboard camera footage that shows how a driver reacted to a shift

Securing these records is vital to proving that a safety protocol was ignored by the carrier or the shipper.