Loose cargo and falling debris cause serious car accidents across Pennsylvania every year. When improperly secured items fall from trucks or vehicles onto roadways, innocent drivers can suffer devastating injuries and property damage.
At Schmidt Kramer, our experienced truck accident attorneys in Harrisburg have successfully represented Harrisburg accident victims for decades. We do our best to see that negligent parties are held accountable and you secure the compensation you deserve after being injured in a loose cargo accident.
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What Should I Do If Falling Cargo From a Truck Damages My Vehicle?
Your safety comes first after any cargo-related accident on Pennsylvania roads. Try to remain calm and drive your vehicle, if it is possible, moving it of the flow of traffic flow. Call 911 to report the crash and request police and medical assistance if anyone sustained injuries.
After moving your vehicle away from passing traffic, do what you can to document the scene from inside your car. Do not try to exit, unless it becomes unsafe to stay in the vehicle, such as if it is on fire. Take photos of the spilled cargo, your vehicle damage, and any visible injuries using your phone. Let trained crash scene investigators handle evidence collection in dangerous highway conditions. Your attorney will take steps to secure additional documentation later.
What If I Crashed While Trying to Avoid Being Hit by Falling Cargo in Harrisburg?
Pennsylvania law recognizes that you do not need direct contact with falling cargo to have a valid injury claim. If you crash while swerving to avoid loose debris, you may share some degree of fault, but the truck driver would likely still be the primary responsible party. Courts understand that reasonable drivers have to take evasive action to prevent potentially fatal collisions with falling objects.
Truck drivers are required by federal law to properly secure their cargo before traveling. Truck drivers who do not inspect their cargo, use adequate restraints, or fail to adhere to federal regulations can be held liable if their negligence leads to a crash and causes you harm. This includes crashes caused by other drivers’ reasonable attempts to avoid their unsecured loads in traffic.
Who May Be Liable When Loose Cargo From a Passing Truck Hits My Car?
Multiple parties can share responsibility when loose cargo causes an accident in Pennsylvania. Victims should be aware of who could be held liable for failing to secure the load properly. Your Schmidt Kramer attorney will examine all potential parties to maximize your compensation.
The Truck Driver
The driver bears primary responsibility for confirming the cargo is secure before driving and during mandatory rest stops. Drivers must follow FMCSA regulations for securing cargo, including using proper tie-downs, ensuring required weight distribution, and following load checking procedures.
The Trucking Company
Commercial carriers are liable for hiring unqualified drivers, inadequate training, or pressuring drivers to skip safety inspections. Companies are expected to maintain proper equipment and enforce cargo securement policies.
The Cargo Loading Company
Third-party loading companies that improperly secure freight can face liability for resulting accidents. These businesses must follow industry standards when loading and restraining cargo on commercial vehicles.
Maintenance Companies
Companies responsible for truck maintenance may be liable if mechanical failures caused cargo securement systems to fail. Poor maintenance of tie-down points or cargo restraint systems creates dangerous conditions.
Key Reasons Why Cargo Falls Off Semi-Trucks
Most cargo incidents result from preventable human errors rather than unavoidable mechanical failures. Federal regulations exist specifically to prevent these dangerous situations, making violations clear evidence of negligence.
- Faulty Tie-Down Systems: Drivers use insufficient straps, chains, or bungee cords that cannot handle the cargo’s weight and road vibrations.
- Improper Load Distribution: Uneven weight placement causes cargo to shift during turns, braking, or acceleration on Pennsylvania highways.
- Skipped Safety Inspections: When drivers fail to check that their cargo is secure during mandatory pre-trip inspections and required stops.
- Overloaded Vehicles: Exceeding weight limits puts stress on tie-down equipment, causing straps and chains to break.
- Weather-Related Loosening: Rain, snow, and temperature changes cause cargo restraints to expand, contract, and loosen over time.
- Worn or Defective Equipment: Old, frayed, or damaged tie-downs break under normal stress conditions during transport.
- Rushed Loading Procedures: Attempting to meet unrealistic loading time could lead to shortcuts in making cargo secure at loading docks.
- Lack of Driver Training: Inexperienced drivers may not understand proper securement techniques for different cargo types and weights.
How Do Pennsylvania Laws Apply to Loose Cargo Truck Crashes?
Pennsylvania adopts federal cargo regulations under 49 CFR Part 393 for all commercial vehicles. Violations of these federal standards constitute negligence per se under Pennsylvania personal injury law.
Pennsylvania follows modified comparative negligence rules when determining fault in loose cargo accidents. You can recover damages as long as you’re less than 51 percent responsible for the crash.
If multiple parties share blame, each defendant pays damages proportional to their percentage of fault. Pennsylvania courts hold trucking companies to the highest safety standards due to their vehicles’ size and danger.
Evidence Needed to Prove Falling Cargo Caused Your Crash
Strong evidence linking falling cargo to your accident is needed to build a successful personal injury claim in Pennsylvania. Your attorney can gather multiple forms of documentation to establish the connection between loose debris and your injuries.
Evidence That Proves Falling Cargo Caused Your Crash
Strong evidence linking falling cargo to your accident is essential for building a successful personal injury claim in Pennsylvania. Your attorney will gather multiple forms of documentation to establish the connection between loose debris and your injuries.
- Photos of Scattered Cargo: Showing the exact items that fell from the truck
- Images of Broken or Failed Equipment: This includes snapped straps, chains, or bungee cords at the scene
- Witness Statements Identifying the Specific Truck: These witnesses can describe how the cargo fell and reactions on the road.
- Cargo Loading Documentation: Truck company reports that show improper weight distribution or inadequate securement at the loading facility
- Federal Inspection Records: These records may show a history of previous cargo securement violations for the truck or driver
- Pre-Trip Inspection Logs: Revealing the driver failed to check tie-downs before departure
- Weather Conditions Reports: Demonstrating how rain, wind, or temperature caused cargo restraints to loosen
- Video Evidence of Cargo Falling: This includes traffic cameras, dashcams, or cell phone footage
- Expert Accident Reconstruction: Simulated re-creations of the accident to investigate whether equipment defects or human error caused the cargo release
Trucking Companies Role in Prevent Cargo Accidents
Trucking companies bear primary responsibility for establishing and enforcing cargo securement. Companies must provide proper training on federal tie-down regulations and Pennsylvania state requirements for all drivers. They are legally required to have securement equipment including chains, straps, and binders in working condition.
Responsible carriers must supervise loading operations and verify proper weight distribution before vehicles leave loading facilities. Companies are required to maintain detailed inspection records and establish clear consequences for drivers who violate cargo securement policies. Trucking firms that do not comply with electronic logging data correctly or exceed weight limits face liability when accidents occur.
How Our Experienced Truck Accident Lawyers May Benefit Your Claim
Loose cargo accident cases involve complex federal regulations and multiple potentially liable parties that require specialized legal knowledge. Our Harrisburg truck accident attorneys understand Pennsylvania cargo laws and knows how to investigate trucking companies effectively. An experienced Schmidt Kramer truck accident attorney understands Pennsylvania cargo securement laws and knows how to investigate trucking companies effectively.
Insurance companies often dispute loose cargo claims by arguing that drivers should have avoided falling debris. It is important to have an attorney that knows how to counter these tactics by demonstrating that reasonable drivers cannot safely avoid unexpected cargo releases on busy highways.
Injured in a Loose Cargo Trucking Accident? Contact Our Trusted Schmidt Kramer Truck Accident Lawyers
At Schmidt Kramer, our dedicated truck accident attorneys have a history of securing favorable compensation for clients injured in complex truck accidents. We understand loose cargo cases require immediate action to preserve evidence and build strong claims against negligent parties. Our legal team fights aggressively to maximize your recovery while you focus on healing.
Contact Schmidt Kramer today for your free consultation or complete our online form to discuss your loose cargo accident case.
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