Is a Trucking Company at Fault if Cargo Falls From a Truck and Kills Someone?

 Posted on August 24, 2022 in Truck Accidents

Some of the most gruesome road accidents occur when shifting loads fall off of commercial delivery trucks and crash into the roadway or hit other cars, pedestrians, or cyclists. Entire families can be killed and lives changed forever in a split second when truck accidents like this occur. Because the consequences of falling truck cargo can be so disastrous, there are strict federal regulations around loading trucks. Depending on the cause of the accident, the trucking company, the driver, or the company that loaded the truck may be held responsible. 

Who is Responsible for Falling Cargo Truck Accidents? 

In an effort to reduce shifting or falling cargo, federal regulations have been put into place that dictate how trucks may be loaded. Different loads require different ways of securing the material and trucking or shipping companies are responsible for making sure employees know how to secure cargo properly. Drivers are also responsible for making pre-trip inspections to make sure everything is loaded correctly and that the truck is fit to drive safely. 

Because there are potentially three parties involved in contributing to a trucking accident - the trucking company, the shipping company, and the driver - the nature of the crash may allow all three to be held responsible. All three parties should have comprehensive insurance coverage, and it is from this insurance that victims typically get their compensation. 

Recognizing their liability in a trucking accident, insurance companies may proactively reach out to victims or families of victims with sincere-sounding apologies and offers of settlement. While initial settlement offers may be tempting, especially for families who are grieving and want to avoid complicated lawsuits, it is important to remember that insurance companies are never truly sorry. Their priority is to protect their company’s well-being, and that means, first and foremost, its financial health. Initial settlement offers are often far lower than the fair amount of money that a victim or her family could get with the help of an attorney in a court of law. 

Call a Will County Truck Accident Lawyer

If you or someone you love have been seriously injured or killed by material falling from a loaded truck, do not wait to take action. Call Flaherty Law today and schedule a free consultation with our experienced Plainfield, IL truck accident attorney. We can help investigate the cause of the accident and will work tirelessly to bring all responsible parties to justice. Call now at 815-577-7500. 

Source: 

https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules