Hit by an Unsecured Load on a California Freeway? Understanding Your Legal Options
When an unsecured cargo load comes loose on a California highway, you may have seconds (or even less) to react. Unsecured cargo may strike your vehicle directly, force you to take evasive action, or push you onto medians or shoulders. When you’re injured by poorly secured cargo, your next call should be to an Inland Empire truck accident attorney.
Attorney Scot Thomas Moga has spent decades aggressively fighting for clients who have suffered injuries caused by others’ negligence. The trucking company and their insurer may not want to pay, but we know what evidence a case like yours needs. Call our truck accident law firm at 909-931-2444 to schedule a consultation.
How Unsecured Cargo Causes Serious Freeway Accidents
Unsecured cargo can put other road users in serious danger. First, there’s a risk of cargo slipping or shifting in a way that causes a truck driver to lose control of the vehicle and strike another car. However, unsecured cargo can be dangerous even if the vehicle carrying it never touches another vehicle.
Scenarios you may see on California highways include:
- Falling construction materials, such as lumber, pipes, and equipment
- Loose household items, such as furniture, mattresses, and appliances
- Rocks, gravel, and other debris
- Drivers swerving into neighboring lanes or road barriers while trying to avoid cargo
- Multi-vehicle collisions caused by one vehicle braking to avoid cargo or losing control of their vehicle
Commercial vehicles are particularly risky; their size and blind spots already make them more dangerous than other vehicles, and poorly secured cargo can make them even more hazardous.
What California Law Says About Securing Vehicle Loads
California law is clear; no material can escape from a vehicle on a highway. Materials like gravel and sand must be in leak-free cargo areas with seals. Drivers who fail to properly secure a load may be subject to fines.
On top of state laws, you have to consider federal cargo securement regulations set by the FMCSA. These regulations govern how commercial motor carriers secure cargo. There are strict limitations on what tools can be used and how much cargo is allowed to shift before being in violation. While a violation of federal regulations isn’t automatically proof of negligence, it can be an important piece of evidence for your truck accident lawyer.
Who May Be Responsible for Falling Cargo
There are multiple parties who may be liable for an unsecured load accident. They include:
- Vehicle driver: Drivers typically have a duty to ensure that their vehicles can be operated safely. If a driver knowingly transports materials that are improperly secured, they may be negligent.
- Trucking company: An employer may be liable for negligent actions committed by employees in the scope of their work. If a truck driver fails to secure cargo properly or uses inadequate tiedowns, liability may lie with the company—not the individual driver. However, trucking companies can also be liable if they use improper loading procedures, have inadequate safety practices, or fail to maintain their loading equipment.
- Cargo-loading company: When a separate business improperly loads or secures freight, its negligence may contribute to the accident and make them partially liable.
- Manufacturer: In some cases, defective cargo restraints, trailer components, or other equipment may lead to accidents.
What Happens If You Can’t Identify the Vehicle?
Generally, when someone’s lost cargo causes an accident, they stop to assess the damage and provide assistance. However, there’s always a risk that a driver either doesn’t notice that they’ve lost cargo or intentionally flees the scene before identifying themselves.
Your truck accident attorney may still be able to help you seek compensation. Dashcam footage, witness statements, surveillance recordings, and police reports may eventually lead to a positive identification. Even if it doesn’t, you may be able to access your uninsured motorist insurance coverage. This isn’t always an option; if you cause an accident while avoiding debris, that may not qualify for uninsured motorist coverage.
Contact Our Upland Truck Accident Law Firm Now
Whether your vehicle was struck by loose gravel, a truck’s cargo, or unsecured furniture, you could be entitled to compensation. Our team is here to look at your evidence, learn about your injuries, and help you plan your next steps. Schedule your consultation with a truck accident lawyer now by calling us at 909-931-2444 or contacting us online.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
