When cargo shifts, spills, or falls from a commercial truck, other drivers suddenly find themselves dodging debris or colliding with scattered materials. These accidents can cause multi-vehicle pileups, serious injuries, and fatalities, all because someone failed to properly secure a truck’s cargo.
Unsecured load accidents often involve multiple potentially liable parties, from the trucking company and driver to the cargo loading crew and even the shipper.
In these complex cases, working with an experienced Milwaukee truck accident lawyer can make a critical difference.
Federal Requirements for Commercial Truck Loads
Commercial trucks operate under strict federal regulations established by the Federal Motor Carrier Safety Administration (FMCSA). These rules govern every aspect of commercial trucking operations, including maximum weight limits, dimensional restrictions for width and height, and cargo loading rules.
The FMCSA specifies how loads must be properly tied down, braced, and contained during transport. These requirements are designed to prevent exactly the type of accidents that occur when cargo becomes loose or falls from trucks.
Wisconsin maintains additional state-specific trucking regulations that may apply to commercial loads traveling through the state.
Common Causes of Unsecured Load Truck Accidents
Several factors contribute to cargo becoming loose or falling from commercial trucks, creating dangerous road conditions for other motorists:
- Inadequate Tie-Down Systems: Drivers or loading crews use insufficient straps, chains, or bungee cords that cannot handle the cargo’s weight or shifting forces during transport.
- Improper Load Distribution: Cargo is unevenly distributed within the trailer, causing weight imbalances that lead to shifting and potential spillage during turns or sudden stops.
- Defective Securing Equipment: Worn, damaged, or substandard tie-down equipment fails under normal transport conditions, releasing cargo onto the roadway.
- Weather-Related Failures: Rain, snow, or wind conditions cause improperly secured loads to shift or break free when adequate weather-appropriate precautions weren’t taken.
- Overloaded Vehicles: Trucks carrying more cargo than legally permitted put excessive strain on securing systems, leading to equipment failure.
Who Is at Fault for an Accident Caused by a Truck’s Cargo?
Depending on how the accident happened, multiple parties may share responsibility. You may assume the driver is primarily responsible, and this may be true; truck drivers are required to conduct pre-trip inspections and ensure that cargo is properly secured throughout the journey.
However, liability often extends beyond the driver:
- The trucking company may be at fault for failing to provide adequate training on cargo securing procedures, by neglecting to maintain securing equipment, or by creating unrealistic delivery schedules that pressure drivers to skip safety protocols.
- Loading companies that initially secured the cargo can face liability when they use improper loading techniques, select inadequate securing methods for the cargo type, or fail to follow industry safety standards during the loading process.
- The shipper—the company whose goods were being transported—may be held responsible if they provided defective or insufficient securing equipment, failed to properly prepare their cargo for safe transport, or gave inadequate instructions about special handling requirements.
Get Justice for Your Unsecured Load Accident
When an unsecured truck load causes your accident, multiple parties may be responsible for your injuries, and determining liability requires a thorough investigation.
At Cannon & Dunphy S.C., we have successfully pursued complex cases involving improperly secured cargo, holding trucking companies, drivers, and loading companies accountable for their negligence.
Contact us at (262) 668-8884 for a free consultation and let our Wisconsin truck accident attorneys fight for you.