We’ve all seen it, a truck hauling heavy cargo down the highway, and something just doesn’t look secure. Sometimes that uneasy feeling proves right. When a truck’s cargo comes loose, it can cause devastating accidents involving multiple vehicles.
If you’ve been injured in a crash caused by falling or spilled cargo, you may be wondering:
- Who’s responsible for the accident?
- How is fault determined?
- Can you sue the trucking company, the driver, or someone else?
Below, our friends from Mickey Keenan P.A. discuss what you need to know about liability, legal options, and protecting your rights after a cargo-related accident.
Why Lost Cargo Is So Dangerous
When a truck’s load shifts, falls, or spills onto the roadway, it can:
- Directly strike other vehicles
- Create obstacles that cause drivers to swerve and crash
- Lead to sudden braking and chain-reaction collisions
- Release hazardous materials that cause injuries or environmental harm
Even smaller cargo, like boxes, tools, or tires, can cause serious accidents when dropped at highway speeds.
Who May Be Liable For The Accident
One of the most important questions after a cargo-related crash is who is legally responsible. In many cases, more than one party could share liability:
- Truck Driver – If the driver failed to inspect or secure the load properly before starting their trip.
- Trucking Company – If they pressured drivers to skip safety checks, failed to train them properly, or didn’t follow federal cargo securement rules.
- Cargo Loading Company – If a third-party company was responsible for loading the truck and didn’t do it safely.
- Maintenance Providers – If faulty equipment like straps, tie-downs, or trailer doors contributed to the cargo release.
- Manufacturers – If defective parts or products failed and caused the cargo to spill.
Federal And State Safety Rules
The Federal Motor Carrier Safety Administration (FMCSA) has strict cargo securement regulations for commercial trucks. These rules require that:
- Cargo is immobilized or secured with approved tie-downs.
- Securement devices are in good condition and strong enough for the load.
- Drivers inspect cargo before driving and during the trip.
- Violating these rules can be strong evidence of negligence in a personal injury case.
How Fault Is Determined
Investigators will look at:
- Police accident reports
- Witness statements
- Dashcam or traffic camera footage
- Truck driver logs and inspection reports
- Maintenance and repair records for securement equipment
- The type and condition of the cargo securement devices
If evidence shows that cargo wasn’t secured according to regulations, liability is often clear, but multiple parties may still dispute who is at fault.
Real-Life Example
Imagine you’re driving on the interstate behind a flatbed truck carrying construction materials. One of the straps breaks, and large pieces of lumber spill onto the road. You swerve to avoid them, collide with another car, and suffer serious injuries.
An investigation finds the trucking company reused worn straps against FMCSA guidelines. Both the company and the driver could be held liable for your damages.
What To Do If You’re In A Cargo-Related Accident
If you’re involved in a crash caused by falling or spilled cargo:
- Call 911 to report the accident and get medical help.
- Take photos or videos of the scene, including the cargo and truck involved.
- Get witness contact information from anyone who saw the cargo fall.
- Note identifying details about the truck, such as license plate, DOT number, and company name.
- Seek medical attention immediately, even if injuries seem minor at first.
- Contact a personal injury lawyer as soon as possible to begin investigating before evidence disappears.
Potential Compensation
If you prove that negligence caused the accident, you may be entitled to:
- Medical expenses
- Lost wages
- Pain and suffering
- Vehicle repair or replacement
- Future medical care and rehabilitation costs
In cases of extreme negligence — such as knowingly using unsafe equipment — punitive damages may also be available.
Why You Need An Attorney For These Cases
Cargo-related accidents often involve multiple defendants, complex federal regulations, and aggressive insurance companies. A lawyer can:
- Preserve crucial evidence like driver logs and maintenance records
- Identify all potentially liable parties
- Work with accident reconstruction experts to prove your case
- Negotiate for full compensation or take the case to trial if necessary
When a truck loses its cargo, the results can be catastrophic — and the law holds drivers, trucking companies, and others accountable when their negligence causes harm.
If you’ve been injured in a cargo-related accident, don’t try to navigate the aftermath alone. An experienced truck accident lawyer can help you uncover what went wrong, determine who’s at fault, and fight for the compensation you need to recover.
The road should be safe for everyone — and when safety rules are ignored, those responsible should be held accountable.