Can You Get Compensation if Falling Cargo Caused Your Rollover?
Yes, you can get compensation if another vehicle’s falling cargo caused your car to roll over. However, you will need strong evidence to prove that the falling debris directly caused the car crash. Once liability is established, you can recover medical expenses, lost wages, vehicle damage, and property damage through a legal claim or personal injury lawsuit.
With an A+ rating from the Better Business Bureau, Todd Miner Law helps you pursue cargo-related accident claims involving unsecured loads and falling objects. We prove liability by reviewing cargo securement and determining the duty of reasonable care under federal motor carrier safety rules. Contact us at 407-894-1480 and let us help you pursue the financial compensation you deserve.
What Compensation Can You Recover If Unsecured Cargo Caused Your Rollover Crash?
You can secure compensation for medical bills, lost income, vehicle damage, and emotional distress if unsecured cargo caused your rollover crash. In such truck accidents, liability may fall on the truck driver, the trucking company, or the party responsible for loading the cargo, depending on who failed to properly secure the load.
To establish liability in a truck accident caused by unsecured cargo, investigators analyze the following factors:
- Proper securement of the commercial truck’s cargo using proper tie-down systems
- Compliance with federal and state weight limits
- Balanced load distribution across the cargo truck
- Use of cargo-securement devices that meet federal regulations
- Inspection and maintenance of straps, chains, and anchors before transport
- Driver adherence to cargo-securement inspection requirements during the trip
Moreover, if the at-fault party doesn’t follow cargo securement rules (49 C.F.R. § 393.100), you can file a claim against their insurance company. Violations of these federal standards serve as strong evidence of negligence, which makes it easier to establish liability and pursue compensation.
What Counts as Unsafe or Unsecured Cargo Under the Florida Law?
Under Florida law (Section 316.520), truck cargo that can fall, shift, leak, or escape during transport is considered unsafe unless it is properly secured. Drivers are required to use tarps, ropes, straps, or similar restraints to secure cargo and prevent it from spilling or detaching from the truck bed.
However, if drivers fail to properly distribute or secure the load, the risk of crashes, roadway debris, and loss of vehicle control significantly increases. Such failures are considered violations under Florida law, and the driver may face criminal penalties, including charges classified as a second-degree misdemeanor.
What Types of Vehicles Commonly Cause Loose Cargo Accidents?
Flatbed trailers, dump trucks, and construction vehicles are the most common sources of loose cargo accidents. Because these vehicles often carry heavy, oversized, or irregularly shaped loads, proper loading and securement are essential. When cargo is improperly loaded or inadequately secured, it can spill onto the roadway, creating hazardous debris and significantly increasing the risk of serious crashes.
Additionally, commercial vehicles frequently transport steel, lumber, or machinery that may cause cargo to shift or fall. In fact, according to NHTSA, unsecured loads contributed to an average of over two fatalities and 18 serious injuries per year from 2016 to 2020 due to cargo shifting or loss. Here are some other vehicles that may also cause loose cargo accidents:
- Pickup trucks and utility vehicles carry unsecured tools or materials
- Tractor-trailers can shed gravel, sand, or debris if rear covers or restraints fail
- Passenger cars and SUVs often lose large, poorly secured items, such as mattresses, bicycles, or luggage, from their roof racks.
- Loose items like bags, paper, or light debris can fall from garbage and recycling trucks if drivers don’t properly cover them.
- Tanker trucks transport large volumes of liquids or hazardous materials. Ruptures or spills during a collision can cause catastrophic chemical or fuel leaks.
Can You File a Claim if the Cargo Was Loaded by a Third-Party Shipping Company?
Yes, you can file a claim against the carrier, the third-party logistics (3PL) provider, or the shipper/broker by documenting evidence. Usually, claims are filed against the carrier first. However, if the damage was caused by improper cargo loading by the third-party logistics provider, liability may fall on the 3PL or the broker. In such cases, the claim is resolved through cargo insurance or contractual agreements.
Because these claims have strict filing deadlines, you should secure all evidence of the damage and notify all involved parties within the claim deadlines. Moreover, review your cargo insurance and shipping contracts to understand subrogation rights. At Todd Miner Law, our skilled attorneys have 32 years of experience handling cargo and trucking claims. We determine the liable party, negotiate with insurance companies, and ensure you receive full compensation for your losses. Call us for a free case review.
How Can You Prove that Cargo Was Improperly Loaded or Secured?
You can prove improper cargo loading by collecting photos of shifting or spilled cargo, the license plate number, and damaged straps or braces. You can also analyze black box logs, traffic camera footage, skid marks, truck damage, road conditions, and weight tickets. Expert testimony can also be used to demonstrate that Federal Motor Carrier Safety Administration violations and poor securement have caused the objects to fall off the cargo.
To strengthen your case, you can also consult cargo specialists or reconstructionists who can help you demonstrate that overloading, unsecured straps, or misaligned cargo led to the accident. In addition to this, documentation from the trucking company, including maintenance logs, loading diagrams, and driver training records, further helps you establish negligence.
Can a DOT Inspection Report Help Prove a Pattern of Unsafe Cargo Loading?
Yes, a DOT inspection report can help you prove unsafe cargo loading by documenting repeated cargo-securement violations and out-of-service orders under FMCSA rules. When multiple inspection records show similar failures, they create a clear pattern of noncompliance, which strengthens your negligence claim against the truck driver or carrier.
Additionally, this report specifically lists violations of 49 CFR 393, Subpart I, which governs cargo securement, such as:
- 393.100(b): Cargo not secured to prevent leaking, spilling, or falling.
- 393.110(b): Minimum number of tiedowns based on cargo type/length
When a carrier is repeatedly cited for these violations, it creates a clear record of ongoing safety problems. Lawyers can use this history to prove that the company failed to address systemic issues in cargo.
Are Truck Drivers Required to Inspect Cargo During a Trip?
Yes, truck drivers must inspect cargo before departure within the first 50 miles, and then every three hours or 150 miles, as well as after stops, to confirm the load remains stable and secure. These ongoing inspections help detect shifting, loosening tie-downs, or damaged equipment. Even when cargo is sealed, drivers are responsible for monitoring visible securement issues, as missed inspections can lead to crashes, violations, and liability exposure.
What If Multiple Cars Crashed Because of the Same Cargo Spill?
If multiple cars crash because of a similar cargo spill, the accident is typically treated as a single chain-reaction event. In such cases, liability may fall on the truck driver, the trucking company, or the loader if unsecured cargo disrupts the traffic flow and causes the accident.
Besides this, courts also assign damages under comparative negligence rules, which reduces your compensation by the share of fault. In such cases, if you’re more than 50% responsible, you cannot recover any damages. Therefore, in multiple-car accidents, insurance adjusters use police reports, witness statements, and dashcam footage to determine the at-fault party and allocate fault.
We Hold Trucking Companies Accountable for Unsafe Cargo Loading — Contact Todd Miner Law!
When another vehicle’s cargo spills onto the roadway and causes your car to roll over, the consequences can be life-threatening. You have to deal with severe injuries, extensive vehicle damage, lost income, and insurance company tactics. Moreover, to identify liable parties, you need strong evidence and expert analysis, which may delay claim filing.
At Todd Miner Law, we have experience handling complex trucking and commercial vehicle cases involving unsafe cargo practices in Apopka, Winter Park, and throughout central Florida. Our team of seasoned litigators, pre-litigation, and pre-suit paralegals, gathers evidence and reviews complex documents to file a successful claim. Visit our Orlando office, or call us at 407-894-1480 for a free consultation.
FAQs
What If The Vehicle That Dropped The Cargo Didn’t Stop?
If a vehicle causes a cargo spill and fails to stop, you still have the right to seek compensation. For this purpose, you need to document the scene with photographs, video footage, and witness statements. You should also contact the authorities, who can track the truck using license plate information, and reconstructionist experts to prove liability.
Are You Liable If Something Falls Off Your Car?
Yes, if something falls off your car due to your failure to secure it, you are liable for damages because it’s considered negligence (unsecured load). In such cases, your insurance will cover the victim’s damages. However, if a part like a hubcap or sunroof falls due to mechanical failure, the manufacturer will be partially responsible.
What If My Insurance Company Says I’m At Fault Because I Lost Control?
If your insurance company claims you lost control, the truck driver who spilled the cargo may still be held responsible. In such cases, you can consult an investigator to examine evidence like skid marks, video footage, and cargo condition. They will also help you collect proper documentation, which can shift the liability from you to the negligent party responsible for improperly secured cargo.
Do I Need Proof Of Where The Cargo Came From To Get Compensation?
Yes, proving the origin of the cargo can significantly strengthen your claim. Evidence such as shipping labels, manifests, witness statements, and surveillance footage can help identify the responsible party. This information allows lawyers and investigators to hold the at-fault driver, trucking company, or loader accountable, which improves your chances of full compensation.
Can I Get Compensation For Towing, Storage, And Rental Car Costs?
Yes, you can get compensation for towing, storage, and rental car costs after an accident, especially if the other driver was at fault. Your own collision coverage may also pay, so it is essential to review your policy first. To avoid unnecessary charges, contact your insurer for approved towing services and limit storage time, since insurance companies only cover “reasonable” costs.
Do I Need A Lawyer For A Cargo Rollover Case?
Yes, hiring a lawyer can improve your chances of receiving fair compensation. Lawyers experienced in cargo and trucking cases can investigate the incident, gather evidence, negotiate with insurance companies, and ensure all responsible parties are held accountable. Their expertise can make a complex claim much easier to manage.
How Long Does A Falling Cargo Accident Claim Usually Take?
The duration of a falling cargo accident claim varies depending on complexity, evidence collection, and insurance cooperation. Simple claims may resolve in a few weeks, while cases involving serious injuries or multiple parties can take several months. Moreover, working with an experienced lawyer can help speed up the process and ensure you receive fair compensation efficiently.
