Being struck by a cargo falling from a moving truck can leave you shaken. Beyond the shock of the collision, you may find yourself dealing with injuries and wondering who should pay for the damage.
That question often becomes more important when several businesses or individuals are involved in transporting the load. Knowing who can be held accountable when truck cargo comes loose can help you make sense of the issues that often arise when seeking compensation for your losses.
It is also worth noting that responsibility does not always rest with one person. Several parties can share legal responsibility for cargo-related crashes.
The truck driver
Commercial drivers generally must secure the cargo before and during a trip. If a driver skipped required inspections or kept driving after noticing a problem, he could be held liable.
The trucking company
Responsibility does not always stop with the driver. In Illinois, trucking companies are often liable for drivers who cause harm while performing work duties under the legal doctrine of vicarious liability. In simple terms, this means the motor carrier, which is often the employer or business operating the truck, can be legally responsible for harm caused by an employee on the job.
They could also face separate claims for their own conduct. Those claims may involve poor driver training, weak safety rules or failure to enforce cargo securement practices.
A cargo loading company or shipper
Another business could also share responsibility if it handled the load before the trip began. Commercial freight is often loaded by warehouses, shippers or other third parties. If workers placed the cargo unevenly, overloaded the truck or failed to secure materials, that business may be part of the liability analysis.
Determining liability often requires a closer look
A collision involving falling cargo usually raises questions about what happened before the truck entered traffic. Investigators may review inspection records, loading procedures and witness statements to determine how the cargo came loose.
Since several factors can come into play, identifying responsibility is not always simple. If you suffered injuries or property damage after being hit by loose truck cargo, legal guidance may help you identify the parties involved and the issues that could affect a claim.
