Both the truck driver and the trucking company are responsible for the driver’s conduct when it comes to safety transporting cargo. Under certain circumstances, the shipper may also share responsibility. No portion of the cargo hauled in interstate commerce should fall from a truck and injure someone or damage their property.
The Federal Motor Carrier Safety Regulations (“FMSR”) govern the loading and transporting of cargo by a truck. These regulations make truck drivers responsible for ensuring that the cargo has been properly loaded and screwed or tied down on the truck. A truck driver is also required to periodically inspect the truck to make sure the cargo is still secure. If a truck driver fails to follow the guidelines, they may be sued for negligence if the cargo from their vehicle falls and injures someone.
A trucking company is required to ensure that its driver has adequate experience, training, or both to be able to properly determine whether the cargo he is transporting has been properly located, distributed, and secured, and is familiar with the methods and procedures for securing cargo on the truck or 18‑wheeler that he or she drives.
The FMCSR impose a non‑delegable duty on the trucking company to prevent a truck to operate if its cargo is not properly distributed and adequately secured on the truck. In other words, trucking companies are directly responsible for cargo safety. This regulatory scheme creates a cause of action directly against the truck company in addition to legal liability for other aspects of its driver’s conduct.
Documenting Proof of Compliance with Cargo Regulations
When we investigate truck crashes on behalf of our clients, one aspect that we carefully check is whether truck drivers have been compliance with the regulations requiring safety checks and other measures concerning their cargo. It’s also important that the truck company has also been ensuring such compliance.
Call Us to Find Out How We Will Investigate and Represent Your Case
If you would like to learn more about how we thoroughly investigate truck injury crashes on behalf of our clients, please call me. If you or a family member has been injured, we can advise you as to your options for legal recovery once we learn about your case.
We will work on a contingency fee basis – you will not owe us anything unless we win.
Call our office today to schedule a free, no-obligation private consultation.Blog Home