Who Is Responsible for an Unsecured Load Accident?

Every day, thousands of big rigs transport tons of cargo across the State of Colorado. If a truck loses a poorly secured or improperly stowed load, this could result in a serious car accident. Determining liability, or legal and financial responsibility, for a lost load accident is necessary if you wish to pursue financial compensation for your related injuries or property damage.

A Truck Company

The first party to look at when determining liability for an unsecured load accident is the truck company. A trucking company, also known as a motor carrier or common carrier, must adhere to certain regulations when loading and securing its cargo. These laws are enforced by the Federal Motor Carrier Safety Administration, or FMCSA.

Federal cargo securement laws state that motor carriers must comply with requirements relating to how cargo is loaded, balanced, and strapped down or secured. There are special rules for certain types of cargo, such as the transport of hazardous materials. The FMCSA’s laws are specific and detailed in how cargo must be anchored and tied down for optimal safety.

If a trucking company violates a federal cargo securement law to save time or money, or if one of its drivers or workers makes a negligent mistake when loading cargo, the company can be held liable for a related unsecured load accident. In addition, a trucking company can be liable if a problem with one of its trucks causes the accident, such as a broken door latch.

A Cargo Company

The entity that owns the cargo could be liable for an unsecured load accident if it is accountable in some way, such as by failing to provide adequate instructions on how to secure the load. Cargo, freight and logistics companies are responsible for facilitating the safe transport of their cargo from one place to another. If they fail to do so, they can be held accountable for cargo loads that spill into the road.

A Loader

Some commercial trucks are loaded by third parties, meaning an entity or individual other than someone working for the trucking company or cargo company. A third-party loading company could be held responsible for a lost load accident if it failed to adhere to federal securement laws or otherwise acted negligently and caused a cargo-related incident, such as creating an imbalanced load that leads to a truck tipping over.

Shared Responsibility

Some unsecured load accidents point to the fault of multiple parties. If an investigation finds that more than one party contributed to the unsafe or unsecured load, the law in Colorado allows fault to be divided among all responsible parties. In this case, each person or party will be responsible for paying for his or her allocated percentage of fault for the accident.

How to Prove Your Unsecured Load Accident Case

If you or a loved one gets injured in a vehicle accident involving cargo falling from a truck in Fort Collins, contact a truck accident lawyer for legal advice and assistance. An attorney can conduct a comprehensive investigation of the unsecured load accident to determine which party or parties can be held responsible for your losses.

A law firm can collect evidence to support your injury claim, such as witness statements, photographs and videos, a police accident report, truck maintenance logs, cargo loading and securement records, the truck’s black box, a trucking company’s compliance history, and testimony from qualified experts. An attorney will work hard to maximize your financial recovery from all available outlets.

For more information about this type of truck accident in Colorado, request a free consultation with an attorney at Cannon Law.