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A truck’s cargo spilled and caused my crash. Is the truck driver or his company responsible for my damages and injuries?

 

A:

 

Trucks that traverse our nation’s interstates carry many products onboard. Unfortunately, some loads don’t get secured properly or the truck gets overloaded—causing the load to shift and spill onto the roadway. When these items are heavy items, serious wrecks can occur as a result of the cargo spill.

Other times, accidents like roll-overs and jack-knife incidents cause trucks carrying chemicals and liquids to spill their loads onto the roadway. When the contents are flammable materials, fires and explosions can occur. Even if the spill isn’t a serious chemical spill, any type of liquid lost from a truck can potentially cause the roadway to be slippery—leading to traffic accidents.

Any type of cargo spill can be dangerous and lead to multiple car pileups and traffic congestion on the roadway. Unfortunately, cargo spills can cause major damages and injuries for those motorists involved in the crash. When these types of events occur, victims of trucking accidents may be able to hold the following parties accountable:

  • Truck drivers have a duty to check their loads regularly to make sure each load they transport is balanced. Sometimes, failure to do this or their involvement in distracted driving could be the cause of the crash.
  • Trucking companies have a duty to make sure their trucks are operating in good condition and that they are serviced and maintained regularly in order to safely transport every load.
  • Companies that load trailers have a duty to ensure the goods they load onto trucks are arranged and secured properly to balance out the load. If they fail to do this, they could be held accountable for the crash.

To discuss your specific case in detail, we are only a phone call away and will answer your additional questions in a free initial consultation.


Damian Mallard, Esq.
Board Certified Sarasota Personal Injury Attorney