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Arnold & Itkin LLP Truck Accident Blog2020AprilAre Cargo Loaders Liable for Truck Accidents?

Are Cargo Loaders Liable for Truck Accidents?

As we frequently discuss on this blog, truck accidents are caused by a range of parties. While many drivers are safe, ones that operate their heavy vehicles recklessly place lives at risk. In other instances, employers develop an unsafe culture by forcing drivers to work long hours or pressuring them to work as quickly as possible with unfair compensation schemes. However, what happens when the cause of a truck accident is the people in charge of safely loading its cargo? Can cargo loaders be liable for truck accidents?

Cargo Loaders & Truck Accidents

Loading a truck involves multiple parties. Carriers, cargo loaders, and truck drivers might share liability for an accident depending on their level of responsibility for the cause of one. While some incidents might seem like negligence on the part of a cargo loader, the Federal Motor Carrier Safety Administration (FMCSA) requires truckers to check specific aspects of their cargo.

The FMCSA requires drivers to periodically check items such as:

  • Tailgates
  • Spare tires
  • Equipment securing cargo
  • Tarpaulins
  • And more

The FMCSA requires drivers to periodically check their cargo to make sure it is secure and ready for safe transport. In many instances, it’s the responsibility of a driver to be the final decision maker on whether or not the cargo is ready for safe transport.

However, in some instances, a driver will not be able to check their cargo. This might be true when they are transporting a sealed container and are unable to verify that the contents are safely stored. In these instances, it’s unreasonable to expect that a trucker can inspect the safety of loaded cargo.  

All the information above combines to show that liability for a truck accident can be split among parties depending on the situation. In some instances, a driver might be fully responsible for failing to confirm the safety of their loaded cargo. In other instances, a combination of cargo loaders, a driver, and a truck company can be responsible for unsafe transport procedures. Ultimately, it’s useful to speak with an attorney if you’ve suffered from a truck accident.

Call (888) 490-0442 for Help from Our Truck Accident Lawyers

At Arnold & Itkin, our first priority is to help clients recover financial losses by holding those responsible for them accountable. No one should suffer because of the reckless actions of a trucking company, driver, or cargo loaders. When you call our firm, we’ll listen to what happened to you and help you decide if you have a case at no cost. Our team has recovered billions of dollars on behalf of clients and we’re ready to use our experience to fight for you.

Call our truck accident lawyers today at (888) 490-0442 for a free review of your case. We’re ready to help get to the bottom of who caused your accident and demand the answers you deserve from them.

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