Cargo Shift Truck Accidents

When fully loaded, a tractor-trailer can weigh up to 80,000 pounds, with most of that weight in the back. This heavy cargo makes trucks difficult to drive. Truck drivers need training and a special license so they can safely drive these heavy vehicles.

Cargo must be tied down and secured so that it does not shift during a trip. Any shift will alter the truck’s center of gravity, making the vehicle much harder to control. A truck might roll over or jackknife when its cargo shifts during a haul. Truck drivers can lose control of the vehicle when making a turn. Contact Hoy Law to speak with an attorney about your case. We can investigate whether unsecured cargo contributed to your accident and who is responsible.

Assigning Fault for a Cargo Shift Accident

Cargo should not shift when properly tied down. Identifying why it moved during the haul is the first step to bringing an accident claim.

Here are some common defendants:

• The company that loaded the cargo. Often, cargo is loaded by the shipper or warehouse staff. They could fail to properly secure it, which would make them liable when the cargo shifts during the trip. Some companies are negligent because their staff is inexperienced or overworked. They might also use old or outdated ties or straps, which snap or break during the trip.
• The truck driver. Federal regulations require that truckers ensure their cargo is secure before beginning a trip. The trucker could have skipped this step because they were pressed for time, or they performed only a cursory review of the cargo. If the trucker is negligent, then their employer is almost always liable as well.
• Cargo is often tied down with straps, ropes, ties, or chains. Other cargo is loaded on pallets. When equipment is defectively designed or manufactured, it can fail to work properly. The manufacturer could be to blame.

Let your attorney review the facts of your case. Sometimes bills of lading or contracts will allocate responsibility for securing cargo between the parties.

Our clients are usually in so much pain they cannot leave the house to find evidence. That is okay. You should focus on getting well. Our legal team can contact the trucking company to review documents and inspect the cargo, if it has not been destroyed. We can also interview relevant parties, including the trucker, to determine why the accident happened.

Once we assign fault, we can negotiate a settlement with the proper defendant. Cargo shifts suddenly make a truck difficult to control. Even experienced truckers might jackknife or swerve out of their lane and crash into an innocent motorist. You should receive compensation for damage to your vehicle, as well as the cost of medical treatment and replace lost income.

Contact a Sioux Falls Truck Accident Lawyer for a Consultation

Trucking companies vigorously defend themselves and their truckers. You need a seasoned legal team to stand up for your rights. Call Hoy Law to discuss your case with a truck accident lawyer in Sioux Falls, SD free of charge.