There are several people who might be at fault for a truck cargo spill accident where loose cargo falls on your car – on I-10 or elsewhere. They include the following parties.
The trucker: He may have taken a turn or a curve too fast for the load he carried. Fatigue may have gotten the better of him, and reduced his ability to make proper decisions on the road. He may also have failed to check the condition of cargo straps and other cargo securing devices on the truck. He might not have checked to see if cargo loaders had properly stowed the truck cargo before driving off with the load. Federal and state statutes require truckers to check these things themselves; they can’t just rely on others and avoid liability if a trucking company fails to maintain the truck, or a cargo loader does an inadequate job of securing the cargo. The trucker is also liable for these matters.
The trucking company: The company may have failed to properly maintain the truck. Truck components wear out and require replacement from time to time. This is as true of the straps and other devices used to secure truck cargos as it is of the truck tires. The trucking company may have used negligent hiring practices to hire a trucker with a record of truck accidents to his discredit. The company may have provided inadequate supervision or training to the trucker. The company might also be liable for the truck cargo spill accident.
The cargo loaders and handlers: These people likely are third parties not employed by the trucking company. They may not have taken adequate care and time to properly balance and secure a cargo load. They may not have used sufficient numbers of tie downs or other devices to secure the cargo to the truck. They may have loaded larger or heavier cargo on the truck than they should have. They would be liable for the cargo spill.
A manufacturer: Sometimes a defective cargo strap, trailer, or truck component causes the cargo load to shift suddenly or the cargo to spill from the truck. If a defective product played a role in the truck cargo spill accident, you could sue the liable manufacturer too.
Sometimes ALL of these parties were liable for your truck cargo spill accident. But it requires some diligence and know-how to get to the bottom of a truck cargo spill accident and determine who all was at fault so that you can prove it in court. A lot of times, if a liable party such as an insurer doesn’t believe you have the evidence to back up your claim in court, they will refuse to pay you any compensation. So you need an able Houston, TX truck cargo spill attorney to investigate your accident, identify the liable parties, and locate and protect the evidence you’ll need to prove your claim.
If you’ve suffered losses or injuries because of a truck cargo spill accident, give us a call for your FREE initial legal consultation. We could answer your questions, and help you get to the bottom of things. One of our able Houston, TX truck cargo spill attorneys even has a background in the trucking industry. He knows about securing cargo, and who’s responsible when it spills. That could work solidly to your advantage in a truck cargo spill claim. So call us today. We’ve been holding liable parties accountable for truck cargo spill accidents for more than 12 years.