Advocate Law Firm Professional Law Corporation - Personal Injury

Who is responsible after a cargo shift accident?

One of the greatest dangers with semitrucks is a cargo shift while on the road. This can cause a truck to jackknife, lose control or roll over. An accident of this magnitude can impact numerous vehicles in the travel lanes around the semi, leading to injuries and even fatalities. Usually, these shifts happen because cargo is not properly loaded, not properly secured or not properly tied down.

At first, in the dock, the load seems fine. As soon as the truck makes any sharp or sudden maneuver, though, the load slides, falls or shifts in some other fundamental way. The force of all of that weight through a hard turn or a quick stop is too much to take.

As the load shifts, the truck's weight balance is thrown off. For instance, if the truck is turning and the force of the turn is already pushing it toward the other lane, the load shifting toward that lane can be enough to cause the truck to roll into oncoming traffic.

So, who is responsible? Every case is unique, but it is worth noting that the truck driver and those who did the loading itself may be responsible. The shipping company may also bear some of the blame. The key is to dig into the fundamental facts of the case and find out why the load shifted and what could have been done to prevent it.

If you get injured in one of these accidents, you must know all of your legal options, especially as you try to determine who should provide you with financial compensation.

Source: Colonial Trucking Insurance, "Cargo Shift Truck Accidents," accessed June 02, 2018

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