Who Is Responsible for Accidents Caused by Overloaded Trucks and Unsecured Loads?

June 20, 2024 Truck Accidents

When you share the road with commercial trucks, you trust that these massive vehicles are operated safely and responsibly. However, trucking companies and their employees may engage in dangerous practices like overloading trucks or failing to secure cargo properly

If you’ve been hurt in a crash caused by an overloaded or improperly loaded truck, you may be wondering who is liable for your damages. The answer depends on the cause of your accident and the circumstances leading up to your crash. 

Why Are Truck Cargo Loading Practices So Important?

Overloaded trucks and unsecured loads can significantly increase the risk of accidents on the road. When a truck is carrying more weight than it is designed to handle, it becomes more difficult to control, especially in emergencies. The extra weight can lead to tire blowouts, brake failures, and rollover accidents. 

Similarly, when cargo is not properly secured, it can shift during transport. This can cause the truck to become unbalanced and increase the likelihood of a crash. Regulations are in place to prevent these dangerous practices, but some trucking companies and their employees may ignore these rules in an attempt to increase profits or meet tight deadlines.

Potential Liable Parties in an Accident Caused by Cargo

If you’ve been injured in an accident caused by an overloaded or improperly loaded truck, several parties may be held liable for your damages. Multiple parties are involved in the loading and transportation of cargo, including:

  • The Truck Driver: If the driver knew or should have known that the truck was overloaded or the cargo was not properly secured, they may be held liable for any resulting accidents.
  • The Trucking Company: Trucking companies are responsible for ensuring that their vehicles are loaded safely and in compliance with regulations. If they fail to do so, they can be held accountable for accidents caused by their negligence.
  • The Loading Company: If a third-party company was responsible for loading the cargo onto the truck, they may be liable if their improper loading practices contributed to the accident.
  • The Cargo Manufacturer: In some cases, the manufacturer of the cargo itself may be held liable if their products were improperly packaged or labeled, leading to loading issues and subsequent accidents.

What to Do If You Are Injured in an Overloaded Truck Accident

The aftermath of a truck accident can be painful and scary. To protect your well-being and legal rights in these situations, it is essential to take swift action:

  • Seek Medical Attention: Your health should be your top priority. Seek medical care immediately, even if your injuries seem minor, as some symptoms may not appear until later.
  • Report the Accident: Notify the police about the accident by calling 911. The responding officers will create a police report, which you can use as evidence in your future claim.
  • Document the Accident: If possible, gather evidence at the scene, including photos of the damage, witness contact information, and the truck driver’s information.
  • Contact a Nevada Truck Accident Lawyer: Seek the guidance of a Las Vegas, NV truck accident attorney who can help you navigate the legal process and fight for the compensation you deserve.

After a truck accident, don’t hesitate to seek help. Contact a Nevada truck accident lawyer as soon as possible and learn more about your options for fair and full compensation.