If large truck cargo wasn't loaded or secured properly, and there's proof this caused a collision, liable parties can include the shipper and/or broker.
When a Shipper’s Negligence Causes Truck Accidents
A shipper often needs to maximize truck orders, packing freight to capacity whenever possible. However, it must follow the Federal Motor Carrier Safety Administration (FMCSA) regulations regarding the safe loading and securing of cargo.
Here are some of the ways a shipper may be found negligent in a truck accident:
- Failing to provide adequate instructions to a trucker or trucking company on the proper way to load the freight
- Failing to secure or load cargo correctly
- Violating FMCSA cargo securement rules in other ways
- Hiring unqualified employees or independent contractors to load the goods
To determine shipper liability, you'll need the assistance of a skilled truck accident attorney to conduct a thorough investigation, review documents, and interview witnesses.
When Should You Pursue a Claim Against a Broker?
A transportation broker acts as a middleman between trucking companies and shippers and arranges for freight transport by contracting truckers or fleet companies.
A broker has a duty to investigate trucking companies and vehicle operators.
This includes reviewing the trucker’s driving and safety records, as well as performance evaluations; and company accident statistics, traffic violations, and potentially negligent incidents. If a broker is found liable, it might be an additional party in the lawsuit.
Have You Been Injured In A Truck Accident?
If you've been injured in a tractor trailer accident you need to speak with an experienced truck accident attorney as soon as possible. Please contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.