Truck on a road

Who is Liable for an Unsecured Truck Load?

By Jose Ceja
Managing Attorney

Due to their sheer size and weight, commercial trucks can cause great damage when involved in an accident. However, it’s not only the truck that can prove highly dangerous; it’s also the cargo that it is carrying. 

When a truck is carrying cargo that is not properly secured, a simple bump can be catastrophic. Cargo can become loose and fall onto the road creating a hazard to drivers who don’t see it in time. Cargo that falls from the truck can be extremely dangerous at night time when it is more difficult to see the road farther away. The cargo can also crash into vehicles driving behind it. The result is often serious injury or even death. 

Why Would Cargo Be Improperly Secured?

Since commercial trucks can pose such a risk, the government has established regulation for how cargo is to be loaded, stacked, balanced, and secured. The problem is that often truck companies fail to comply with these regulations or they are simply careless in how they secure their freight. Common causes of cargo accidents include:

  • Improperly or inadequately tying the cargo or equipment down
  • Failing to properly maintain the ties for the cargo, the platform, or the cargo itself
  • Fallen cargo that creates a road hazard for other vehicles
  • Defective equipment/failing to properly maintain the equipment used to load the cargo
  • Failure to train the truck drivers on how to load the cargo

Who is Liable for a Cargo Accident?

When improperly loaded or tied cargo leads to an accident, more than one party may be liable for the damages. This may include the truck driver, the truck company, the truck loaders, and the shippers. Even the manufacturer of the equipment may be held liable if the equipment that was used to load the cargo was defective. If truckers were not properly trained on how to load the cargo, the trucking company could be held liable.

The Attorneys at Ceja Law Firm Help Those in Houston Who Have Been Injured in an Accident

If you or a loved one has been injured in an accident due to the recklessness or negligence of another, it’s vital that you understand to what you are entitled under the law. With this information under your belt, you can make the important decisions regarding how you want to move forward. That’s why it’s in your best interest to consult with a knowledgeable and experienced Texas personal injury attorney.

At Ceja Law Firm PLLC, we understand the impact that an accident can have on many parts of your life and the importance of properly dealing with such negligence or recklessness. That’s why we will work to get you the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!

About the Author
Jose Ceja is the managing attorney of Ceja Law Firm. He has practiced law since 2007 and has devoted his career to the practice of criminal law. Mr. Ceja began his legal career as a felony drug prosecutor, where he prosecuted drug, gang, and violent offenses. Mr. Ceja has first or second chaired almost 100 trials, including murders, drug cases, DWIs, and assaults. In his career as a defense attorney, he has regularly obtained dismissals, not guilty verdicts, and grand jury “no bills” in a wide variety of cases.