When Unsecured Cargo Injury Claims Arise
Unsecured cargo injury claims arise when a load falls, shifts or spills and someone gets hurt. A pallet sliding off a flatbed, lumber flying from a pickup or a shifting load that tips a trailer can each cause a crash. These claims can differ from an ordinary collision because the person who loaded the cargo may not be the person who drove. The key task is tying the load to a specific vehicle and to whoever was responsible for securing it.
Cargo claims also differ from crashes caused by random road debris. When no one can trace the object to a vehicle, the claim may look very different.
What Securement Rules Require
Federal rules in 49 CFR part 393, subpart I, set standards for protecting against shifting and falling cargo on commercial motor vehicles. They cover tiedowns, blocking, bracing and specific rules for certain kinds of cargo. The rules are on the Electronic Code of Federal Regulations.
California has a broader rule as well. Vehicle Code section 23114 generally requires that a vehicle be loaded or covered so its contents do not drop, sift, leak, blow or spill onto the road. That rule reaches ordinary pickups and trailers, not only big rigs.
Operators should follow the official rules for their cargo. For an injured person, the point is simpler. Because a rule exists, a breach of it can support a claim.
Who May Be Responsible for the Load
Responsibility for cargo can spread across several parties. The driver usually has a duty to check the load before and during a trip. Yet a shipper or warehouse crew may have packed and loaded a sealed trailer the driver never opened.
- The driver who checked or failed to check the load
- A motor carrier that employed the driver
- The shipper or loader that packed the cargo
- A company that supplied faulty straps or equipment
Do not assume the driver did the loading. Bills of lading, loading records and warehouse video can show who did. The site covers multiple parties in trucking company accident liability.
Loss of Control Versus Falling Debris
Cargo can cause harm in two main ways. It can fall onto the road and strike another vehicle, or it can shift and cause the truck itself to lose control. The evidence differs for each.
A falling object leaves physical evidence on the road and on the vehicle it hit. A shifting load may show up in how the truck moved, in the position of cargo after the crash and in data from the truck’s systems. For the rules that govern carriers, see California trucking regulations.
Evidence in Unsecured Cargo Injury Claims
However, linking debris to a vehicle is often the hardest part. A witness who saw the object fall from a particular truck is valuable. Video from dashcams or nearby cameras may show the moment it came loose.
The object itself can carry clues. Company markings, product labels and packaging can point to a shipper or carrier. Keep the item if it is safe and lawful to do so, or photograph it closely before road crews remove it.
Also note the truck’s description and direction. A company name, DOT number or trailer number narrows the search. Report the details to police so they can include them in a report.
Pickups Trailers and Smaller Loads
Many cargo crashes involve ordinary vehicles. A mattress on a car roof or yard waste in a pickup bed can fall just as easily as freight. Since section 23114 applies broadly, the same duty to keep a load from spilling reaches these drivers too.
The driver’s personal auto policy usually comes into play in those cases. If the driver was working, such as a contractor hauling materials, a business policy may also apply.
When the Source Is Unknown
Sometimes the object came from a vehicle that kept going. If no one can identify it, a claim against that driver may not be possible. Your own uninsured motorist coverage may be an option, but it has conditions.
For an unknown vehicle, California Insurance Code section 11580.2 requires physical contact with the vehicle and prompt reporting. Whether debris thrown from an unknown vehicle counts as contact is a question that depends on the facts and on how courts have read the statute. Ask your insurer, read the policy and consider legal advice.
A hazard that has sat on the road for a while may raise a different question. Public agencies can be responsible for dangerous road conditions in some cases, as explained in dangerous road condition claims.
Preserving Unsecured Cargo Injury Claims
Act quickly, because video gets overwritten, road crews clear debris and trucks finish their routes. Write down everything about the vehicle you saw.
Ask witnesses for contact information. Then photograph your vehicle’s damage before repairs, especially any marks that match the object. Keep receipts for towing and repairs, and get medical care for any injury.
Also, government claims have short deadlines when a public agency may share blame. Private claims have their own deadlines. Do not let the search for the source delay other steps.
This article is general information, not legal advice. Laws change and every situation is different.