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If the truck’s cargo caused the accident, can the driver still be liable?

If you’ve suffered an injury in a truck accident that was caused by a shift in the materials in the truck’s trailer, such as a rollover, you might be wondering who you should sue. Will it be the truck driver, the trucking company, the company responsible for loading the cargo, or someone else?

 The truck accident attorneys with Shrable Law Firm, P.C. can answer those questions and many more. If you would like to speak with a skilled Albany truck accident lawyer, please don’t hesitate to contact us online or call (229) 349-6291 for a free case evaluation.

cargo truck accident

Who’s to blame for a lost load truck accident?

Determining liability in a cargo truck accident can be a complex process. Some of the many factors that can play a significant role in causing an accident include driver error, road conditions, mechanical malfunctions, and more. One factor that can be particularly tricky to navigate from a legal perspective is whether the cargo being transported by the truck primarily caused or played a role in the accident.

 In general, the truck driver is responsible for ensuring that their cargo is properly loaded and secured in accordance with industry standards and regulations. If the cargo isn’t properly secured and shifts during transit, it can cause the truck to become unstable, leading to an accident. In such cases, the driver may be held liable.

 However, liability for a cargo truck accident isn’t always obvious. Many trucking companies hire third-party companies to load rigs before they get on the road. There are situations where the company loading the cargo may have loaded it in a negligent fashion and not in the presence of the driver. The liability could fall wholly or partially on the company responsible for the cargo rather than the driver.

If the driver was an employee of a trucking company, the company may also face legal consequences for failing to ensure that their driver was adequately trained and their cargo properly secured. The trucking company could also face liability for failing to properly vet the driver before hiring them, or failing to provide sufficient supervision or training.

A thorough investigation is essential

Assigning blame for a truck accident requires a thorough investigation of the circumstances surrounding the accident. This can involve examining the driver’s logbook to see if they were adhering to federal regulations regarding hours of service, reviewing the maintenance records of the truck to see if there were any mechanical issues, and inspecting the cargo to determine if it was loaded correctly.

 If the investigation finds that the driver was negligent in securing the cargo or that they knew it wasn’t properly secured, they may be held liable for the accident based on negligence. Negligence can take many other forms such as overloading the truck or failing to adequately inspect the cargo before transport.

 Ultimately, the question of liability in a truck accident comes down to who was responsible for the actions that led to the accident. That’s why it’s going to be important that you take your time and hire a truck accident attorney with extensive experience conducting thorough investigations into complex matters. Your attorney must also have a track record of success using the evidence they gather to help their clients obtain maximum compensation.

Timing is essential when hiring a lawyer. You’ll want to do so as fast as you can before critical evidence disappears forever.

Shrable Law Firm is ready to clear up your confusion

Any kind of truck accident can be very confusing – especially one with potentially multiple liable parties, such as a cargo truck accident. An Albany truck accident lawyer with Shrable Law Firm is ready to help you and answer all of your questions. 

Schedule a free consultation by calling (229) 349-6291.

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