Filing a Claim for a Truck Accident Involving Loss of Cargo in Florida

Cargo-related issues are a common factor in all types of commercial trucking accidents. From shifting cargo to lost loads, various issues can cause serious or fatal accidents, leading to pain, suffering, lost earnings, out-of-pocket costs, and other financial and non-financial losses. Accidents involving cargo loss can be especially dangerous and present unique challenges when seeking financial compensation. This makes it especially important to have an experienced Florida truck accident lawyer on your side.

In truck accident cases involving lost cargo, one of the key issues is determining which company deserves to be held accountable. For example, if the truck’s cargo was loaded by a company other than the company that owns and operates the truck—as is often the case with tractor-trailers—multiple companies could potentially be liable for the crash. Determining liability requires an in-depth investigation, and once you hire a Florida truck accident lawyer to represent you, conducting an investigation will be one of your lawyer’s top priorities.

Grounds to Seek Financial Compensation for a Truck Accident Involving Lost Cargo

Accident victims and family members who need to file claims for lost cargo in truck accidents may be able to seek compensation on various grounds. Depending on what your lawyer’s investigation reveals, potential grounds for seeking compensation may include:

Excessive Cargo

All commercial trucks have a maximum load-carrying capacity. If the weight of a truck’s cargo exceeds its load-carrying capacity, this can present several risks, including:

• Overstressing the truck’s mechanical components, potentially leading to failure;
• Increasing the truck’s braking distance, and
• Making it more difficult for the truck driver to maintain control during an emergency maneuver.

These are risks with all types of commercial trucks—from tractor-trailers to dump trucks, and from garbage trucks to car haulers. Whether due to an oversight or an intentional effort to carry more cargo than is safe (and legally allowed), carrying excessive cargo can serve as clear grounds to seek just compensation.

Unbalanced Cargo

Unbalanced cargo can present several risks as well. Along with the risks listed above, unbalanced cargo can also increase the risk of a commercial truck rolling over during a sharp turn or under heavy braking—potentially leading to the truck’s cargo being spilled onto the road. There are standards for properly loading cargo within the trucking industry, and if a company fails to comply with these standards, this can also serve as clear grounds to seek just compensation under Florida law.

Unpressurized Cargo

For commercial trucks that carry liquid cargo, pressurization can be essential for preventing the truck’s cargo from sloshing forward and backward or side to side. Tanker trucks can carry 10,000 gallons or more of liquid cargo, and with most common liquids weighing about 6 to 8 pounds per gallon, an unpressurized tank could be carrying tens of thousands of pounds of sloshing fuel or water. In an emergency, this could exert extreme force, resulting in a rollover and a spill.

Unsecured Cargo

For all types of commercial trucks, it is imperative to ensure the cargo is properly secured. Unsecured cargo can shift under turning or braking forces, and, like unbalanced or unpressurized cargo, this can increase the risk of a rollover and a spill.

Another risk with open truck beds and trailers is that unsecured cargo can fall (or fly) out of the truck and into the path of other vehicles. This can be extremely dangerous, and even if the truck itself is not directly involved in a collision, the loss of a truck’s cargo can provide clear grounds for accident victims or their loved ones to file a claim for damages.

Poor Truck Maintenance

Along with cargo-related issues, truck-related issues can present risks for losing a truck’s cargo as well. These include issues ranging from brake and tire failures to failures of trucks’ cargo gates, straps, and other cargo-carrying components. When poor truck maintenance is to blame for a serious or fatal accident, the trucking company can typically be held liable. Alternatively, if the trucking company hired a maintenance provider that did faulty work, the maintenance provider could be liable if its employees’ negligence is to blame for what happened.

Truck Defects

If a truck-related issue is not the result of poor maintenance but the result of a defect that existed when the truck left the factory, the truck’s manufacturer could be liable instead. Nearly all components of a large commercial truck have the potential to be defective, and many types of defects can lead to failures resulting in the loss of a truck’s cargo on the road.

Negligent Truck Driving

Even when a truck’s cargo has been properly loaded and secured, and the truck itself has been properly manufactured and maintained, negligent truck driving remains a major concern. The majority of commercial truck accidents—including accidents involving lost cargo—result from negligence behind the wheel.

Truck driver negligence can take many different forms. Speeding, waiting too long to brake, braking too harshly, and driving while distracted or fatigued are all common issues that can cause truck drivers to lose control—and then subsequently lose their loads. When you hire an experienced Florida truck accident lawyer to investigate your (or your loved one’s) truck accident, your lawyer will examine all potential causes in order to conduct a comprehensive assessment of your legal rights.

Contact a Florida Truck Accident Lawyer at Searcy Denney

At Searcy Denney, we rely on decades of experience to help truck accident victims and families seek financial compensation for their losses. If you need to seek financial compensation after a serious or fatal accident involving the loss of a truck’s cargo, we strongly encourage you to get in touch. To speak with an experienced Florida truck accident lawyer about your legal rights as soon as possible, call 800-780-8607 or request a free consultation online today.