Who Is At Fault When Improperly-loaded Cargo Causes Truck Accidents?
Posted on behalf of Rizk Law on May 06, 2017 in Auto Accident
An improperly balanced load is a leading cause of death among truck drivers. While it is common to blame the driver in an accident, even the safest, most professional driver cannot control a truck that is overloaded or improperly balanced and tied down.
Truckers are paid for each mile they drive, and the trucking companies they work for charge their customers by the mile, so both truck driver and company want to move the freight out as quickly as possible. Safety is often sacrificed as trucks are carelessly loaded.
When an accident occurs, trucking companies are on the hook for damage caused by their employees. They are responsible for hiring and training the safest workers, but with an extremely high employee turnover rate, the men and women who load the trucks are often under-trained, poorly-supervised, or new to the industry.
Poorly-secured Truck Cargo a Danger to All Motorists
Unsecured cargo in a traditional closed trailer can push through the back door or slide out the back of a flatbed trailer. As a truck twists and turns, tons of unsecured freight can shift, causing the truck to overturn.
Unbalanced cargo that is heavier on one side, even when tied down securely, can cause a truck to tip over. The driver will not know this is happening and will be unable react in time to prevent an accident.
Even securely tied-down loads are a hazard to passing motorists when they extend out from either side of open, flatbed trailers without walls or roofs.
Trucking Companies Share Liability with Third Party Loaders
When trucking companies do not have the proper equipment and expertise available to keep cargo secure, they will outsource the loading to businesses with the manpower and experience to tie down large loads. When cargo shifts or falls out of a truck causing an accident, the trucking company will be responsible, but the loading company will also be at least partially liable in a civil suit.
The loading company will claim that it put the freight on properly and blame the driver for carelessness, and the driver will claim that he drove safely and the load sprang loose. While a driver should make an inspection of his load prior to travel, he can’t see everything. If a loader forgets a tie-down or loads heavier freight on one side, falling cargo or a dangerous tip-over can occur.
For more information about trucking laws and liability, contact a Portland truck accident attorney from our law firm today.