When we think of trucking accidents, we think of the pure negligence of just two parties. Either the driver did something wrong or the truck driver did something wrong. In many cases, negligence can fall to another party when it comes to the maintenance of the truck, but rarely do people in trucking accidents find anything else to blame outside of these two aspects. However, it can be common that not the truck, truck driver, or other driver is responsible. Sometimes, just the cargo of a truck is responsible for causing a terrible accident.
The major benefit of using trucks to haul essentially anything is that it can haul several tons of equipment or freight fairly quickly. While the trucks themselves weigh a sizable amount, most of their weight comes from the freight they are hauling. This is why it is crucial that whatever is being hauled is strapped down appropriately and does not shift. If all this weight was to shift suddenly to one side, it can cause the truck to actually flip over. Alternatively, if it hits the doors hard enough, the freight can come spilling out the back and cause accidents as well.
Accidents with Trucks
So what happens when the cargo of a truck is responsible for the truck accident as well as any damages to other vehicles or pedestrians? The answer can differ depending on different factors. In some cases, truckers pick up cargo from sources and don’t even really get a chance to glance at what they are carrying. Alternatively, they do have a responsibility to assure that everything is strapped down properly and of a safe weight to carry along the roads.
Who’s at Fault?
When determining fault in a trucking accident caused by the cargo, it is important to know the specifics of the accident in order to determine and assign fault. In some cases, if the driver was weaving their truck through traffic, they could be the cause of the accident even if the place they picked up their cargo was responsible for strapping it down. If a trucker’s actions were reckless, they contributed to the accident just as much as improperly securing the cargo did.
What to Do
In most cases of these accidents, however, you will be able to seek compensation for your damages in the accident from the trucking company. Even if the driver was responsible, they are often covered by their employer as an employee. So most often, you will want to pursue compensation from the trucking company and their insurance. While in a perfect world, if you were simply driving and had no part in the accident other than being injured or having your vehicle damaged, you should be able to get compensation for that no problem. Except, the world isn’t perfect and the insurance of the trucking company will try to fight to give you the compensation you require. They can try to argue that you had some fault in the accident, but in most cases, they are just trying to cut costs.
It is due to the difficult nature of any accident lawsuit and because blame can be difficult to place in terms of cargo that you will want to consult an accident attorney. After the accidents, depending on the specific aspects of your accident, they can help you decide who to pursue compensation from and help you weather the inevitable fight for it. If you have been in a trucking accident, contact us today to see what we can do to help you. Let us go over your accident case and plot the best course of action, including how much compensation the damages that you suffered during it deserve.