When cargo falls off a commercial truck or shifts in transit, the results can be devastating. A vehicle struck by flying debris (or forced to swerve around it) may be involved in a serious crash, causing significant injuries, property damage, and in some cases, loss of life.
But determining who is legally responsible for unsecured cargo isn’t always straightforward. Liability may lie with the truck driver, the trucking company, the party that loaded the cargo, or a combination of entities. Understanding how fault is assigned can make a major difference for those pursuing a claim in Ohio.
In this guide, we’ll outline key factors in determining liability in an unsecured cargo truck accident and what you should know about holding the right party accountable.
What Counts as Unsecured Cargo?
Unsecured cargo refers to any load that is not properly restrained within or on a commercial vehicle. Common examples include:
- Equipment or materials that fall from flatbed trailers
- Shifting freight within enclosed trailers
- Overloaded or unevenly distributed cargo
- Improper use of straps, tie-downs, or containment systems
Why unsecured cargo is so dangerous
Improperly secured cargo can lead to a range of serious safety risks on the road. Shifting cargo, for example, may affect a truck’s center of gravity, increasing the risk of rollovers or jackknife accidents. In other instances, cargo may break free entirely, creating debris that strikes other vehicles or obstructs traffic. These incidents often occur at highway speeds, amplifying the potential for catastrophic injuries.
Learn more about common long-term injuries after a truck accident.
Potential Liable Parties in an Ohio Unsecured Cargo Truck Accident
When someone is injured in a truck accident caused by unsecured cargo, determining who is liable is a critical step toward seeking compensation for medical expenses, property damage, lost wages, and pain and suffering.
Liability may rest with one or more of the following:
- Truck drivers: Often the first point of scrutiny, as they’re the ones responsible for inspecting their vehicles before and during transit to ensure that cargo remains secure. Failure to perform required checks or to respond to visible issues may constitute negligence.
- Trucking companies: In many cases, employers are legally responsible for the actions of their employees while they’re performing job-related duties — a principle known as respondeat superior. If a driver’s negligence caused the accident while carrying out their work, the company may be liable, even if the company didn’t directly cause the crash.
- Third-party cargo loaders: Warehouse personnel or independent contractors can be liable if they were responsible for loading the truck and failed to follow proper securement procedures.
- Vehicle manufacturers or maintenance providers: They may be liable if a mechanical failure (such as a defective tie-down or anchor system) played a role in the incident.
What Legal Options Are Available After an Unsecured Cargo Accident?
Filing an insurance claim
In many cases, compensation may be pursued by filing a claim against the trucking company’s insurance provider. Most commercial carriers are required to carry significant liability coverage. If a third party (such as a cargo loading contractor) is found to be at fault, their insurer may also be involved.
These claims often involve negotiation and documentation, including accident reports, medical records, inspection logs, witness statements, or even accident reconstruction.
Pursuing a personal injury lawsuit
If the insurance settlement offered is insufficient or if the responsible party denies fault, the next step may be to file a personal injury lawsuit. In these cases, you must prove that the defendant’s negligence caused the crash and your injuries — a process that may involve formal discovery, expert testimony, and potentially a trial.
Unsecured cargo accidents are rarely straightforward. To build a strong case, it’s important to work with legal professionals who understand Ohio negligence law and the federal regulations that govern commercial trucking.
Our team at Slater & Zurz has extensive experience handling complex trucking accident claims, including those involving improperly secured cargo, and we’re committed to pursuing the full compensation our clients are entitled to.
Contact us for a free consultation at 330-762-0700.
Written by Robert Horton
Rob, a partner at Slater & Zurz, brings over a decade of experience advocating for the injured. His exceptional negotiation skills have consistently secured favorable outcomes for clients in motor vehicle accidents, dog bite incidents, and slip-and-fall cases.
