Who’s Liable in a Cargo-Truck Accident?

When a truck’s cargo is involved in causing an accident, figuring out who is at fault can get complicated. Problems like improperly secured, overloaded, or unbalanced cargo can lead to serious accidents on the road. Let’s explore how fault is determined in these “cargo truck accident” cases and how our experienced Murfreesboro truck accident lawyers can help.

What are the most common cargo-related truck accident scenarios?

Cargo-truck accidents often happen when the cargo isn’t properly loaded, secured, or balanced. Even small mistakes can have serious consequences on the road. Here are a few of the most common scenarios:

• Cargo shifts in transit
• Falling debris
• Overloaded trailers
• Hazardous materials incidents
• Jackknifing due to imbalance

Each of these cargo-related truck accident scenarios can result in major damage, serious injuries, and complex legal questions about who should be held accountable.

Who might be at fault in cargo-related truck accidents?

Truck drivers must check that their cargo is properly loaded and secured before hitting the road. This includes checking that everything is tightly fastened and evenly distributed. If an accident happens because the driver failed to inspect the load or knew it was improperly secured, the driver can be held liable.

But liability doesn’t always stop with the driver. The company responsible for loading the cargo could also be at fault if they didn’t follow safety protocols. And if the trucking company failed to train its employees or enforce cargo securement rules, they too may be held accountable.

What does the law say?

Both Tennessee law and the Federal Motor Carrier Safety Administration (FMCSA) require cargo to be properly secured to prevent shifting or falling during transport.

Federal law (FMCSA regulations):

• 49 CFR § 392.9 requires truck drivers and motor carriers to inspect cargo before the trip, again within the first 50 miles, and regularly throughout the route.
• 49 CFR §§ 393.100–393.136 outlines specific requirements for how cargo must be secured. This includes proper distribution, secure tie-downs, and load restraint systems designed to prevent shifting or falling during transport.

Tennessee law:

• Under Tennessee Code § 55-7-109, drivers and cargo haulers can face penalties if cargo is spilled or unsecured.
• Liability may extend to the person or company responsible for loading the truck, not just the driver.

If you’ve been injured in a cargo-truck accident, we’ll examine whether these regulations were followed and identify who failed in their legal responsibilities. These details often make the difference in holding the right parties accountable.

How Weir & Kestner Injury Lawyers can help victims

If you’ve been hurt in a truck accident caused by cargo issues, Weir & Kestner Injury Lawyers are here to help. Here’s what we can do for you:

• Investigate your accident: We’ll dig into the details of the accident, checking how the cargo was handled and who was involved.
• Figure out who’s at fault: We’ll identify everyone who might be responsible, from the driver to the loading crew, to the trucking company.
• Get your compensation: We’ll deal with the insurance companies and anyone at fault to get you the compensation you need for your injuries and losses.
• Go to court if needed: If we can’t get a fair settlement out of court, we’re ready to fight for your rights before a judge. Every case is unique, but our truck accident attorneys work to recover the full extent of your losses.

If you or someone you know has been involved in a cargo-related truck accident, don’t wait. Call Weir & Kestner Injury Lawyers at (615) 220-4180 or contact us online to learn how we can support you through this tough time and help you get the compensation you deserve.