To understand who may be at fault in a semi truck accident that results in a load spill, you first have to understand what leads to a cargo spill. The cause of the spill will affect who can be held liable for any damages that result from the spill, such as serious injuries or property damage to a vehicle.
How Fault Is Determined in Load Spill Accidents
It’s easy to assume that cargo spills are always the fault of the person driving the semi-truck, but this is not always the case. In fact, fault for load spill accidents may be largely affected by who packed the load, not the person who is transporting.
This is not to say that the trucker can never be at fault for a load spill. As with other types of truck and car accidents, load spill accidents can occur due to driver error, driver fatigue, driving under the influence of drugs or alcohol, distracted driving, and other common mistakes.
For this reason, those investigating the accident will take into careful consideration all factors at play which impacted and contributed to the spill. This is especially true for cargo spills involving hazardous materials, which can have serious consequences for accident victims.
First, law enforcement officers will make their report based on the accident scene, eyewitness reports, and other on-scene details. This report will be considered in a truck accident case, but will not be the sole evidence used to support determination of fault.
Next, insurance adjusters typically perform a separate and thorough investigation as well in order to determine fault for personal injury claims and insurance claims. If a case goes to court, the judge and/or jury will look at all submissions of evidence to decide what factors led to the load spill and who is responsible (at fault) for damages incurred.
Why Is The Trucking Company Usually At Fault for Semi Truck Load Spills?
In many cases, the trucking company is at fault for load spills caused by commercial trucks. Why? The reason is fairly straightforward — trucking companies perform the loading of the tractor-trailer. Many times, a spill occurs due to shifting in the cargo during transport.
While there are some factors that could implicate the truck driver, such as speeding or driving erratically, in many cases, there is nothing the driver can do to stop a load from shifting and leading to a spill.
It’s also important to understand that it may not have been the trucking company which owns the commercial vehicle that loaded the truck’s cargo. A third party may have loaded the truck. In this case, both the truck company and the third party company could be at fault for the truck crash and ensuing spill.
The cargo on any truck is the responsibility of the trucking company which is moving it. Therefore, cargo spills are unique among trucking accidents. That is, they are almost always the responsibility of the trucking company, at least in part.
An example of a trucking company not being at fault for a load spill would be if another motor vehicle collided with one of their big rigs, leading to the truck swerving. Rollover accidents involving 18-wheelers that result in cargo spilling may not be the fault of either the trucker or the truck carrier — if the accident was caused by another driver.
Semi Truck Load Spills in Florida
How many semi truck load spills occur in Florida? The state of Florida is home to a number of large highways, such as I-95 and I-75. Due to heavy travel and tourism, Florida interstates see a lot of traffic all year long, not the least of which results from big rigs hauling cargo across the state.
In the past few years, a number of these accidents have been caused by driver error, driver carelessness, or driver distraction. Recent Florida semi truck load spill accidents include:
- A truck crash between a tractor trailer hauling beer and a box truck hauling chips in 2016 on I-95 in Brevard County — the semi truck driver was at fault for not maintaining a single lane
- A four-truck crash involving two semi-trailers, a dump truck, and a gas tanker truck resulting in a fuel spill on US-27 in 2017 — the driver of one of the semi-trucks lost control of the vehicle
- A rear-end collision involving two tractor-trailers in 2017 on I-95, causing a cargo spill of $180,000 in nickels — a passenger in the truck that caused the crash died at the scene
- A single-vehicle semi-truck accident resulting in the cargo spill of 60,000 pounds of beer in 2018 on I-4 near Pensacola — the driver was at fault for careless driving
- A dump truck rollover accident caused by a tire blowout on I-75 in 2021, resulting in spilling crushed asphalt
What Causes Cargo Spills?
Cargo spills in truck accidents can happen for a number of reasons, from truck driver error, to accidents involving other motor vehicles, to improper loading of cargo. Some of the most common causes of load spills include:
- Truck rollover accidents: Semi trucks may roll over if there is a pileup on the highway and they collide with other vehicles, if the driver loses control of the truck, or for a number of other reasons.
- Loss of control: Truck drivers may lose control due to a number of causes, such as slippery road conditions, unexpected weather, an unlatched hood, and more.
- Jackknife accidents: When a tractor-trailer folds in on its cab (known as jackknifing), this can lead to spilled cargo.
- Failure to properly secure cargo: Careful and secure loading of cargo is so important, the Federal Motor Carrier Safety Administration (FMCSA) provides detailed regulations for loading.
- Careless or reckless driving: If a trucker speeds, tailgates, changes lanes too quickly, or otherwise drives erratically, this can cause a cargo shift, which may lead to a spill.
- Stopped vehicle in the truck’s lane: When cars or other vehicles stop unexpectedly, big rigs need more time to stop. To avoid hitting the car, they may swerve, which could cause a rollover accident and a cargo spill.
- Unexpected roadblocks: While more rare, objects in the roadway can lead to a truck crash and resultant load spill.
- Improperly secured tie-downs: If a load isn’t tied down properly, or doesn’t have enough tie-downs, this could lead to a cargo load coming loose.
- Inadequately loaded truck: Just as it’s important to properly secure the load and tie it down correctly, it’s equally as important to load the truck properly, including paying attention to weight requirements.
Where Do Cargo Spills Often Happen?
Where truck accident load spills occur depends on where heavy trucks are traveling at the time of the accident. Because big rigs tend to travel on highways and freeways for the majority of their transit, cargo spills often occur on major roadways such as these.
However, a spill can result any time a large commercial vehicle is involved in a serious collision or accident, which means a cargo spill accident can occur anywhere the semi-truck is traveling.
If you were hurt in a truck accident due to a load spill, you may be able to seek legal recourse. Florin|Roebig truck accident lawyers can help you by providing a free case evaluation to determine your next best steps.
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Factors That Affect Fault in Load Spill Truck Accidents
What affects fault in load spills? The biggest factors include how the semi truck accident occurred, who was responsible for the cargo, who secured and loaded the cargo, and whether a shift or improper loading contributed to the crash.
Whether the Semi Truck Was Driven by a Contract Truck Driver
If a truck driver works for a trucking company that employs its drivers as full-time employees, the truck driver may not be at fault for a truck accident that results in a load spill.
If a truck driver is a contractor for the trucking industry, they may be held liable for any accidents they cause while driving commercial trucks, including load spills.
However, any time a driver engages in careless or reckless driving (such as speeding or driving under the influence of drugs or alcohol), they may be held liable if they cause a crash that leads to injuries or death.
Whether Negligence Led to The Spill
For anyone to be considered ‘at fault’ for a cargo spill, negligence has to be present. This is not always the case. For example, if a third party in a passenger vehicle causes the crash leading to the truck overturning and spilling its contents, this would not be an example of negligence.
Negligence means the truck driver owed a duty of care to other motorists on the roadway that they breached, such as by driving fatigued or speeding. A breach of care on behalf of a trucking company could look like loading improper types of cargo, not securing loads properly, ignoring federal regulations, and more.
If negligence is involved, you may have a case, which is why it’s best to get help from qualified truck accident attorneys to pursue your claim.
Injuries Caused by Cargo Spill Accidents
Unfortunately, semi trucks involving road spills can lead to a range of injuries for truck accident victims. Unexpected cargo unloading into motorists’ paths can mean little to no reaction time, and no way to get away from the debris. In some cases, these spills have even led to fatalities. Some injuries that have resulted from truck accidents include:
- Broken bones
- Cuts and lacerations
- Whiplash
- Soft tissue damage
- Brain injuries
- Back and neck injuries
- Spinal cord injuries, which may lead to paralysis
- Internal bleeding
Legal Options for Semi Truck Load Spill Accident Victims
When large trucks collide with other vehicles or spill their cargo load, the results can be devastating. If you or a loved one need to seek compensation for injuries or property damage caused by cargo spilling from a commercial truck, you may be able to file a personal injury claim for compensation.
Personal injury cases help people who have been harmed in preventable accidents seek payments for accident-related costs and pain and suffering. You may be able to get help with covering medical costs, in-home care costs, lost wages and benefits, and more.
Ready to file a claim? Begin by seeking help from a reputable personal injury attorney, such as those on the Florin|Roebig legal team. We have handled numerous truck accident cases for clients who have endured many different types of injuries.
Our goal is to help our clients get their life back on track by helping them secure the compensation they need to do just that. And with our years of experience and successful track record, we can help you, too.
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Connect With Florin|Roebig for Help With A Truck Accident Case
If you are ready to pursue the compensation you deserve for your injuries after a semi truck load spill accident, look no further than the Florin|Roebig law firm. We are not intimidated by insurance companies, and we will work tirelessly to fight for maximum compensation on your behalf.
Our reputation precedes us, and if you’re still hesitant, you can rest assured knowing we will not charge you unless we help you win your case. That’s right: we work on a contingency fee basis, so you can have financial peace of mind. Call us today to be connected to an experienced injury lawyer and for your free consultation to discuss your case.
