Every motorist has seen debris on the highway, from lumber and construction materials to furniture and household goods. When cargo falls from a commercial truck, it can create an immediate and deadly hazard for other drivers. According to the AAA Foundation for Traffic Safety, road debris causes more than 50,000 accidents and approximately 125 deaths per year in the United States.

At Dr. Ted Injury Law, we have handled numerous cases involving accidents caused by cargo spills from commercial trucks. These cases present unique legal challenges because multiple parties may share liability, and identifying all responsible parties is critical to maximizing your recovery.

Federal Cargo Securement Standards

The Federal Motor Carrier Safety Administration has established detailed regulations governing how cargo must be loaded, distributed, and secured on commercial vehicles. These regulations, found in 49 CFR Part 393, specify requirements for tie-downs, blocking, bracing, and other securement methods for various types of cargo. The regulations also require that cargo be inspected within the first 50 miles of the trip and periodically thereafter.

When a cargo spill occurs, a violation of these federal securement standards is strong evidence of negligence on the part of the trucking company and the parties responsible for loading the cargo.

Who Is Liable for Cargo Spill Accidents?

Unlike a typical car accident where one driver is at fault, cargo spill accidents may involve liability on the part of several different parties:

  • The trucking company: The motor carrier has a duty to ensure that cargo is properly loaded and secured before the truck leaves the facility and remains secure throughout the trip.
  • The cargo loading company: If a third-party company was responsible for loading the cargo, they may be liable if they failed to follow proper loading and securement procedures.
  • The shipper: The company that shipped the cargo may be liable if they misrepresented the weight, dimensions, or nature of the cargo, leading to improper loading.
  • The truck driver: Drivers have a personal duty to inspect their cargo and securement devices before departing and at regular intervals during the trip.
  • Equipment manufacturers: If a defective tie-down, chain, strap, or other securement device failed, the manufacturer of that equipment may be liable.

Types of Cargo Spill Accidents

Cargo spill accidents take several forms, each presenting distinct dangers to other motorists. Falling objects can strike vehicles directly, causing severe damage and injury. Scattered debris forces drivers to take sudden evasive action, which can result in multi-vehicle collisions. Hazardous material spills can create toxic exposure risks, fires, and explosions. Liquid spills can make road surfaces dangerously slippery.

Investigating Cargo Spill Accidents

Building a strong case after a cargo spill accident requires prompt and thorough investigation. Our attorneys work to preserve and obtain the cargo loading records and bills of lading, the truck's inspection reports, the driver's pre-trip and en-route inspection logs, photographs and video of the accident scene and spilled cargo, federal securement compliance records, and expert analysis of how the cargo was loaded and secured.

Recovering Compensation

Victims of cargo spill accidents may be entitled to compensation for medical expenses, lost wages, property damage, pain and suffering, and other losses. Because multiple parties may share liability, it is essential to have an attorney who understands the complex legal and regulatory landscape of commercial trucking.

Contact Dr. Ted Injury Law at (800) 555-HURT for a free consultation about your cargo spill accident case.