Who is Responsible for Securing a Load on a Truck?

Truck Accidents Can Have Drastic Consequences

Accidents happen every hour of every day, and avoiding them is difficult. When a large truck or semi-truck is involved, the consequence can quickly become devastating or even deadly. Semi’s, even when unloaded, are much larger and heavier than the average personal vehicle, making stopping or navigating heavy traffic that much harder. Add inclement weather, issues with the truck or the load, or distracted driving, for example, and the results can quickly go from bad to worse.

It’s important always to give a semi-truck more room than you would anyone else on the roads and avoid getting in their blind spot. So, with the personal vehicle responsibilities that you have, what do you think the driver is responsible for, and therefore liable for, should an accident occur? Read on to learn more.

What is the Federal Motor Carrier Safety Administration?

Truck drivers are governed not only by state laws but by federal laws specific to the industry. The Federal Motor Carrier Safety Administration was established in early 2000, and according to its site, its primary mission is “to prevent commercial motor vehicle-related fatalities and injuries.” The FMCSA aims to ensure safety in the industry, gather data to formulate specific safety concerns, and heavily enforce safety regulations.

What Are Some of the Most Important Aspects of the Safety Regulations?

One of the most critical aspects of the safety regulations through the FMCSA is the hours worked for each driver. Drivers are under strict rules to only work a certain amount of hours in a day or a week and only if they are taking sufficient breaks. When drivers push the limits and don’t get adequate sleep, they can be susceptible to causing more accidents on the road. Some drivers will attempt to manipulate their data or driver’s logs so they can get to their next destination sooner and beat an anticipated deadline. If this is discovered and they are in an accident in the meantime, it could mean significant penalties for them.

One of the other essential aspects of driving safely is ensuring that all cargo is secured safely on the truck. There may be multiple people who load or unload a truck, but ultimately, the driver is responsible for ensuring that the load is secured each time. Similarly to the previous paragraph regarding pushing deadlines, some drivers will skip steps to save time and end up with a load that isn’t secure, and it can shift while driving, which can lead to an accident.

What Are Some of the Cargo Securement Rules According to the FMCSA?

Several rules apply when securing a load, and there is ample data to back up why these rules were implemented. For example, studies were done that helped to determine at what deceleration or acceleration rate of speed a load may shift and, therefore, how secure the load needs to be.

Each vehicle structure, parts, or components used to secure a load must be in proper working condition. Tiedowns, for example, have precise rules that must be followed involving how they are utilized, preventing them from becoming loose or disconnecting during transit, therefore allowing the cargo to shift. Furthermore, the amount of tie-downs is also regulated and may be different based on each load’s weight or placement in the trailer.

Cargo items that can roll must be secured with wedges, chocks, a cradle, or other sufficient device to inhibit rolling while in transit.

The information is incredibly specific, so each driver has a clearly stated plan in place for all the loads they may haul and are required to adhere to regulations.

Who is Liable if a Shift in Improperly Secured Cargo Led to an Accident?

Ultimately, the driver is responsible for checking their load to ensure that the regulations were followed, whether they were the ones to load it or not.

It’s important to note that the driver’s employer may also be held liable if improper or inadequate training is provided. An employer is responsible for their driver’s actions, so in some cases, they can be held liable for the infractions of their employees.

In some cases, a property broker or shipper may have secured the load for the driver. Rather than checking the load as the driver should, they may have assumed all was well and left with their loaded truck. If that driver should later cause an accident due to the shift in the cargo, the driver and the broker may be liable for the accident.

How Can Liability Be Proven?

If the driver improperly filled out the log book stating that they checked the securement of the cargo based on federal regulations, your experienced attorney may have access to this for you, as well as other information. For example, if there were eyewitness statements that can be gathered or other logbooks proving that the driver was negligent in checking the cargo before departure.

Our firm’s primary focus is on helping to defend our clients in their personal injury cases fiercely. Although we have capabilities in other areas, our primary focus is personal injury, allowing us to have a vast knowledge of regulations, what makes a party negligent, and to become an advocate for our clients regardless of what they are up against.

Call our office today at (720) 707-0870 for a free initial consultation. We will listen to your concerns and help you understand what might be an aspect that you could pursue so you don’t settle for less than you deserve.