Can You Sue a Cargo Loading Company After a Florida Truck Accident?
After a collision with a large truck, many people automatically assume that the truck driver or trucking company is responsible. Indeed, in many cases, truck drivers and trucking companies are to blame when a truck accident happens. However, there are some cases where fault may rest with a third party, such as a cargo loading company, either partially or wholly. So yes, you can sue a cargo loading company after a Florida truck accident if improperly loaded or unsecured cargo led to or contributed to the accident. A truck accident lawyer with experience handling these types of cases can help you fight for the compensation you deserve.
The Dangerous Consequences of Improper Cargo Loading
Commercial trucks must adhere to strict regulations when it comes to the loading and securing of cargo. There is a reason why these laws are in place. Improperly loading cargo can have serious consequences on the road. Some of the potential dangers of improperly loaded cargo include;
- Rollovers: When cargo is loaded improperly, for example, unevenly, it can cause the truck to tip over, especially when turning or navigating curves. This can cause the truck to crush nearby vehicles.
- Jackknife accidents: Imbalanced or shifting cargo can trigger a jackknife accident, which occurs when a truck trailer swings out from behind the cab, forming a sharp angle with the cab.
- Cargo spills: Incorrectly secured cargo can spill on the road, creating debris that can lead to accidents for other vehicles.
- Loss of control: Cargo shifts during transit can affect a truck’s steering, braking, and handling, leading to the driver struggling to maintain control.
When Can a Cargo Loading Company Be Liable?
If the trucking company outsourced loading to a third party, that entity could be held liable for any resulting accident if its negligence in loading the cargo caused the accident. Examples of negligent acts that can lead to liability include;
- Not adhering to Federal Motor Carrier Safety Administration (FMCSA) regulations
- Exceeding weight limits
- Improperly balancing the load
- Not inspecting or securing the cargo before departure
- Not using the right straps, tie-downs, or restraints
Establishing Liability in a Florida Truck Accident Case
To successfully sue a cargo loading company after a Florida truck accident, you must demonstrate that their negligence played a role in your accident and injuries. Evidence that can help you prove your case includes;
- Loading records
- Truck inspection reports
- Accident reports and police reports
- Expert testimony from cargo handling professionals and accident reconstructionists
- Black box data
A knowledgeable Florida truck accident attorney can help you gather and preserve the evidence you need for a strong case.
Can You Sue Other Parties?
Florida adheres to the comparative negligence rule, meaning you can sue more than one party who may share blame for your truck accident, such as;
- The cargo loading company for improperly loading the truck
- The trucking company for failing to verify cargo safety
- The trucker for not inspecting the load
Contact Our Fort Lauderdale Truck Accident Lawyers
If you’ve been injured in a Florida truck accident and need help determining liability and securing the compensation you deserve, contact our experienced Fort Lauderdale truck accident lawyers at The Pendas Law Firm via 844-200-0000 or online.
The Pendas Law Firm also represents clients in the Ocala, Orlando, Miami, Tampa, Jacksonville, Bradenton, Daytona Beach, Fort Myers, West Palm Beach, Naples, and Melbourne areas.
Source:
fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules