Cargo Loading Company Liability
When cargo is overloaded, unevenly distributed or poorly secured, it can shift, fall or destabilize a truck. The carrier and driver are responsible for securement, but the shipper or loading company can also be liable, especially when it loaded and sealed the trailer and the driver could not see the problem.
How does bad loading cause crashes?
Weight placed too high or to one side makes a truck prone to rollover. Loads that shift during braking can push the truck forward or cause a jackknife. Unsecured cargo can fall into traffic. Overweight loads increase stopping distances and strain brakes and tires.
Who is responsible for loading: the carrier or the shipper?
Federal securement rules (49 CFR 393.100-393.136) place duties on the carrier and driver. Under state negligence law, many courts also follow the principle that the carrier is responsible for loading defects that are obvious, while the shipper can be liable for defects the driver could not reasonably see, such as problems inside a sealed trailer.
What evidence shows who loaded the truck?
- Bills of lading, including 'shipper load and count' notations.
- Seal numbers and records of who sealed the trailer.
- Loading dock records, photos and warehouse video.
- Scale tickets and weigh-station records.
Frequently asked questions
Can a shipper be liable for a truck accident?
Yes. A shipper or loading company can be liable if it loaded the cargo improperly, particularly when the trailer was sealed and the driver could not inspect the load.
Isn't the truck driver responsible for the cargo?
The driver and carrier have securement duties under federal rules, but that does not stop a negligent shipper or loader from also being held responsible.
What does 'shipper load and count' mean?
It is a notation on a bill of lading showing the shipper loaded and counted the cargo. It can help establish the shipper's responsibility for how the load was packed.
How do I know if the truck was overloaded?
Scale tickets, weigh-station records, the bill of lading and the truck's own data can show its weight. Crash reconstruction can also reveal whether weight contributed.
Why add the loading company to a claim?
It may carry separate insurance, and including every responsible party prevents them from blaming someone who is not part of the case.