In some instances, the shippers of cargo may also be liable for truck crashes in the damages that are sustained. If the shipper becomes involved in the loading process, then its participation may have been negligent, thereby exposing it to liability. There are a variety of circumstances that create a negligent cause of action against the shipper recognized in the case law.
- Negligently providing improper instructions to the carrier on the proper way to secure the load.
- Loading the cargo in a negligent manner.
- Taking the responsibility for securing the load and giving assurances to the carrier that it was done correctly.
- Negligently securing the load.
- Loading the truck so that inadequate loading and securement was not obvious to the carrier on reasonable inspection.
Did the Shipper Participate in the Loading Process?
This will be the fundamental question about whether the shipper may have liability for the accident caused. To find the answer to this question, we often need to conduct a thorough investigation, and sometimes interview or depose witnesses to learn more about how cargo was loaded in a particular shipment.
The FMCSR contain very specific requirements for the safe loading and adequate securement of cargo on a commercial motor vehicle. The regulations are the foundation for any claim in a falling cargo case.
If You’ve Been Injured From Falling Cargo, Call Us
If your case was the result of cargo that fell, or cargo that shifted and caused an accident, please call me. I will meet with you at your convenience and explain to you about the legal process once I learn more about the facts and circumstances of your case. There is no fee to us unless and until we recover compensation for you.