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  • Writer's pictureRobert Schuerger II

Who's at Fault in Spilled Cargo Accidents in Indiana?

A cargo spill accident can be a nightmare for everyone involved, from the truck driver, to the trucking company, to the victims of a passenger vehicle that probably took the impact of the contents.

Sure, the driver of the tractor-trailer may be at fault for being reckless, but there may be other parties at fault too. Perhaps a component manufacturer didn't do a very good job and that was the reason the accident occurred.

In any case, if you were the victim of one of these spills from commercial trucks, your life could be turned upside down. All of a sudden, your physical ordeal is accompanied by a financial one. That's where Schuerger Shunnarah Trial Attorneys says no!

If you have been injured because of a semi-truck spill in Indiana, schedule a free case evaluation at (833) 692-5038!

Is the Truck Driver at Fault in Cargo Spill Truck Accidents?

Is the Truck Driver at Fault in Cargo Spill Truck Accidents?

Looking at standard car accidents, it's easy to assume that the truck drivers in these situations are at fault. It does seem logical since they would be the ones in control of the rigs when the truck crashes happen.

Make no mistake, as this doesn't mean that a driver will never be responsible for a truck crash. Instead, the point is that they are not automatically responsible the moment one happens. Sure, you may have a truck accident case where the reason for the ordeal is fatigue, reckless behavior, alcoholic impairment, or some other driver-caused issue.

However, an investigation of the accident is mandatory, as all factors must be accounted for to determine who it is that needs to compensate you. Schuerger Shunnarah Trial Attorneys can also explain who's at fault in truck driver DUI accidents.

One of the key players here is law enforcement since an initial report will be made based on eyewitness accounts, the scene, and more. It's not the only piece of evidence, but it's one of the fundamental ones.

For the sake of a personal injury claim, an insurance adjuster will also do an investigation to further pinpoint the responsible party. Should the matter go to trial, the judge and jury will have a look at all the evidence to conclude the essential factors and what they mean for the lines of responsibility. Indianapolis semi truck accident attorneys can help navigate the process.

What About the Trucking Company?

The finger of blame is often pointed squarely at the trucking company that owns the rig. Why? Well, the driver isn't the one who loads the rig, and many accidents are caused by load-based errors, such as those that may cause the cargo to be shifted during transport.

Sometimes, the truck company isn't even the one implicated, even when there is a loading fault. That's because some firms will lean on third-party services to get the loading done. Depending on the circumstances, you may even find that both the third-party service and the hiring company share a portion of the blame.

On that note, it's important to state that there may be cases where multiple parties are at fault. The thing is the cargo on a truck will always be the responsibility of whichever company is moving it. Therefore, you'll often find that the company bears at least a part of the blame.

There could even be a scenario where another vehicle entirely causes the accident and leads to the spill, which means the driver of that vehicle would likely be at fault.

Some Truck Accident Victims Must Be Compensated by the City/Town

In select cases, you may find that the responsibility falls on the shoulders of the city or town where the accident happened. Remember that governing bodies are required to maintain the infrastructure that's used to get around.

You could have an accident happen because a commercial truck ends up hitting a pothole on a road that is in a state of disrepair. This is only one simple example of what would constitute an unsafe roadway, which should never be something motorists have to deal with.

Failing to keep the roads in good condition could mean the city/town must compensate the victim.

FMCSA Efforts to Avoid Cargo Spill Accidents

The Federal Motor Carrier Safety Administration (FMCSA), through the handing down of specific regulations, aims to ensure the safety of all by detailing how cargo is meant to be secured by a truck carrier.

Serious consequences are likely in the future for any company that doesn't follow these guidelines, especially since it's a setup for serious accidents. For example, the cargo securement systems used must be able to manage forces in different directions during acceleration or deceleration.

There are also requirements for anchor points, headboards, and other securement devices. Anything that can roll such as logs require chocks, wedges, a cradle, or something along that line.

Dangerous Commercial Truck Cargo Spills

Cargo spill accident severity depends on many things, but the one at the top of the list tends to be the type of cargo being transported. Put simply, some are more dangerous than others and are more likely to lead to terrible injuries or fatalities. These include:

  • Boulders

  • Gas and oil

  • Heavy machinery

  • Corrosive materials

  • Lumber

  • Flammable liquids

  • Logging hauls

Schuerger Shunnarah Trial Attorneys Is Ready to Go to War for You

Schuerger Shunnarah Trial Attorneys Is Ready to Go to War for You

Schuerger Shunnarah Trial Attorneys understands the physical and mental trauma that comes from being the victim in a truck accident. The last thing you should have to do is suffer financially too.

From doing investigations, to handling insurance company conversations, to whatever else it takes to build and fight for your claim, you can consider it done.

Sure, the preference is always settling outside of court, but if it's not possible to come to a consensus with the negligent party, the team is prepared to go to war for you in the courtroom to ensure that you get the compensation you deserve. They can also advise on who's at fault in brake failure accidents.

Retain an Experienced Truck Accident Attorney in Indiana Today!

It's not easy to deal with the fallout of a truck accident, especially when insurance companies representing negligent parties would do anything in their power to prevent you from getting a fair settlement.

Thankfully, we know all the insider tricks of the trade, which has led to successfully getting fair compensation for many past clients. If you've been a truck accident victim in Indiana, schedule a free consultation today by calling (833) 692-5038.


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