Your Wreck May be an Issue with How Cargo was Secured
There are guidelines that truck drivers and trucking companies have to follow in regards to how loads are secured. Unsecured cargo, and improperly secured cargo, may be in violation of those guidelines. If you were involved in a wreck where the cargo wasn’t secured properly, then the Car Crash Captain can help you navigate the difficult world of insurance and legal matters.
Who is Responsible for Unsecured Cargo?
As with many wrecks, liability isn’t always straightforward. For passenger vehicles, it’s often the vehicle owner or operator that takes on the risk. But if you’re involved in a wreck with a commercial vehicle, however, liability doesn’t always fall solely with the driver.
Driver Responsibility – Most drivers are responsible to inspect, and sometimes maintain, their own trucks. This means they are the last set of eyes on the truck itself, and the cargo they’re hauling. Failing to inspect the cargo before departure can mean something is missed and the liability falls to the driver.
Trucking Company Responsibility – The owner of the rig might maintain some liability. Depending on how the agreement is structured, the trucking company might assume some, or all, of the liability for adequately securing cargo.
Equipment Manufacturer Responsibility – There are times when the truck driver, carrier, owner, company, and everyone else does what is right, and equipment fails. In these cases, a dive into what happened is necessary, and the equipment manufacturer may be found liable for selling a product that didn’t meet expectations.
Driver and Carrier Responsibility – Often the liability is divided between two or more parties. Some of the fault can be found with the driver, some with the carrier, some with the owner of the rig, and more.
Because liability isn’t always clear, it’s important to have a truck wreck lawyer backing you up. This is especially true if you’re trying to recover from injuries, and you simply don’t have the time and energy to handle the legal issues that can arise.
What can I Expect from an Unsecured Cargo Claim?
Some of those issues are demanding. Some take time to prove and process. As the victim, you may receive backlash from the insurance company that is supposed to be paying your claim.
Insurance Issues – Inevitably insurance issues will arise. These companies are in the business of collecting money, not paying out big claims. They’ll diminish, reduce, and try to get you on record saying something that could show that you caused the wreck. Regardless of how it all goes down; the initial settlement offer likely won’t be one that fully covers your needs.
Criminal Charges – Depending on what happened, there could end up being criminal charges filed against the driver, the trucking company, or another negligent party.
Negligence Claims – The at fault party might come back and try to place some, or even all, of the blame on you. Long before this happens, you need to guard your words and make sure that you’re not posting online or admitting anything on a recorded line.
Herbert Law Group has Your Back
Because of the complexity of these cases, it’s best to start off with an accomplished Texas truck wreck lawyer.
Herbert Law Group is on your side. We’ll handle the hard stuff and ensure that your case goes smoothly. You handle the difficult process of recovering from your injuries.
When it’s all said and done, we work hard to get you the maximum settlement amount, so you don’t have financial worries due to someone else’s negligence.
Let’s get things started with a phone call so we know what happened. Call our office at 214-414-3808, or fill out the contact form on our site and we will reach out to you.