A ladder falling from a pickup truck, construction materials spilling from a trailer, or debris entering a roadway can force drivers to make dangerous split-second decisions. These hazards may cause collisions, including crashes that occur when drivers strike debris, lose control while swerving, or collide with another vehicle.
Unsecured cargo accidents can result in serious injuries, but determining who is responsible may be more complicated than in a typical car accident—especially when the vehicle that lost the cargo leaves the scene. A thorough investigation may be necessary to identify the source of the hazard and determine whether another person or company failed to properly secure the load.
How Does Unsecured Cargo Cause Car Accidents?
Cargo can become dangerous when it is improperly loaded, inadequately secured, overloaded, or transported in a vehicle that is not suitable for the materials being carried. Common roadway hazards include:
- Tools, ladders, lumber, or equipment falling from pickup trucks;
- Furniture or household items coming loose from trailers;
- Construction materials spilling from commercial vehicles;
- Boxes, appliances, or other items shifting out of an open cargo area; and
- Gravel, debris, or other loose materials escaping from a truck.
Even a relatively small object can create a significant hazard at highway speeds. Drivers may brake suddenly or swerve into another lane to avoid the debris. As a result, an unsecured cargo accident may involve several vehicles, making it more difficult to determine how the collision occurred.
Massachusetts Law Requires Vehicle Loads to Be Secured
Massachusetts law addresses the dangers associated with loads that may fall or escape from a vehicle. Under Massachusetts General Laws Chapter 85, Section 36, a vehicle generally may not be driven on a public way unless it is constructed or loaded to prevent its cargo from dropping, sifting, leaking, or otherwise escaping. The law also requires certain materials, including sand, gravel, dirt, stone, rubbish, and debris, to be fully and adequately covered when they could create hazards for other vehicles or the roadway.
A violation of a safety law does not automatically establish liability in every civil case. However, evidence that a driver or vehicle owner failed to comply with an applicable safety requirement may be relevant when evaluating whether reasonable care was exercised.
Who May Be Responsible for an Unsecured Cargo Accident?
Responsibility may extend beyond the person driving the vehicle. Depending on the facts, potentially responsible parties may include:
The Driver: A driver may be responsible if they failed to secure the cargo, continued driving after noticing that a load had shifted, or operated the vehicle in a manner that caused the cargo to become unstable.
The Vehicle Owner: The owner of a truck, trailer, or other vehicle may have played a role in loading or maintaining the vehicle. Liability may depend on the owner’s involvement and the specific circumstances of the accident.
A Commercial Company or Employer: When cargo falls from a work vehicle, the driver may have been performing job-related duties. A construction company, delivery business, trucking company, or other employer may be subject to liability depending on its relationship to the driver and its role in loading, supervising, or maintaining the vehicle.
A Cargo Loader or Contractor: A separate company may have loaded or secured the materials. If improper loading or inadequate restraints contributed to the accident, that company’s actions may need to be examined.
What Challenges Arise in Unsecured Cargo Injury Claims?
Unsecured cargo injury claims can be complicated, particularly when there are questions about where the debris came from or who caused the accident. Insurance companies may challenge a claim by arguing that:
- The injured driver should have avoided the debris;
- Another driver caused or contributed to the collision;
- The cargo did not come from the vehicle believed to be responsible;
- There is not enough evidence to identify the vehicle that lost the cargo; or
- The accident did not cause the injuries being claimed.
These issues may be more difficult to resolve when the vehicle that lost the cargo leaves the scene or cannot be identified. Evidence such as witness statements, traffic-camera footage, dash-camera recordings, photographs, and physical evidence may help determine where the cargo came from and how the accident occurred.
How a Personal Injury Attorney May Help
Depending on the circumstances, a personal injury attorney may work with accident reconstruction specialists, engineers, medical professionals, and other qualified experts to investigate the incident, identify potentially responsible parties, and evaluate the full extent of the injuries and losses involved.
If you or someone you love has been injured in a motor vehicle accident involving unsecured cargo, and you would like to speak with one of SUGARMAN’s experienced attorneys, call 617-542-1000, email or fill out our contact form.