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"Photo of Victor C. Mitchener and Joseph H. Downer"

Victor C. Mitchener, Attorney

Joseph H. Downer, Attorney

Legal implications of improperly loaded cargo in truck accidents

On Behalf of | Sep 24, 2024 | Truck Accidents

Improperly loaded cargo in commercial trucks can lead to serious accidents and legal consequences. When people fail to secure or balance cargo correctly, it can shift during transport, causing the driver to lose control or the truck to overturn. These accidents often result in significant damage, injuries, or even fatalities, and determining liability is a key issue in these cases.

Who is responsible for improperly loaded cargo?

Several parties can be responsible for truck accidents involving improperly loaded cargo. The trucking company, cargo loaders, or even the driver may be responsible. Commercial trucking companies must follow strict federal regulations as well as North Carolina laws for loading and securing cargo. If they fail to meet these standards, they can be held accountable for any resulting accidents.

Truck drivers are also responsible for inspecting their cargo before hitting the road. If they notice issues with how the cargo got loaded but fail to address them, it’s possible to hold them partially liable for an accident. Additionally, third-party companies that load cargo can face legal consequences if you prove that they did not properly secure the load.

Legal consequences for improperly loaded cargo

If an accident occurs because of improperly loaded cargo, the injured parties may file claims for compensation. These claims can cover medical bills, lost wages, and pain and suffering. In some cases, the trucking company or cargo loaders may face hefty fines or penalties for failing to comply with safety regulations.

Proving negligence in cargo loading 

The impact of improperly loaded cargo can extend far beyond the immediate truck accident, affecting lives, businesses, and legal proceedings. By understanding the potential consequences, all parties involved in trucking can take steps to reduce risks and ensure safer transportation practices.