Who is to blame when a crash is caused by dropped cargo?

Motor vehicles don’t just transport people. They transport all manner of “stuff” as well. From livestock and agricultural products to consumer goods and personal property, vehicles haul it all. Unfortunately, transporting goods, materials, creatures all other kinds of “stuff” can be a dangerous endeavor. According to the National Highway Traffic Safety Administration (NHTSA), “Each year, about 730 people are killed and 17,000 more are injured because of objects in the road. Most of these crashes (81%) involve unsecured loads on passenger vehicles.”

When a car or truck crash is caused by dropped cargo, determining liability can be a complex process. Several parties could potentially be at fault. Establishing responsibility generally requires a thorough investigation of the circumstances surrounding the incident. The following are the primary parties that might be held accountable in such cases.

The cargo driver

The driver of the vehicle from which the cargo fell is often the first to be scrutinized. Drivers must ensure that their cargo is securely loaded and properly fastened before hitting the road. If a driver fails to check the security of their load or drives recklessly, leading to the cargo becoming dislodged, they can potentially be held liable for any resulting accidents.

A trucking company

In many cases, a trucking or delivery company employing a cargo driver might be held responsible. Companies are required to train their drivers when it comes to proper loading techniques and to ensure that the vehicles used are suitable and well-maintained for transporting cargo safely. If a company or its loaders neglect these responsibilities, it can be considered negligent and thus liable for accidents caused by dropped cargo.

Equipment manufacturers

If dropped cargo is a result of equipment failure, such as defective straps, harnesses or securing mechanisms, the manufacturer of the faulty equipment may be liable. 

In some cases, multiple parties could be liable for harm caused by dropped cargo, which is just one of the reasons why dropped cargo accident cases tend to be so complex. The complexities at issue are, correspondingly, good reasons for crash victims to seek legal guidance and support as soon as possible after a collision.