Trucks can carry thousands of pounds of cargo. From everyday products that line retailer shelves to raw materials that enable businesses to manufacture and create, every one of these vehicles has a responsibility to move those materials safely.
Shifting cargo, even if it remains on the truck, is problematic for many reasons. It causes the driver to have to quickly adjust to the movement in the trailer. It can make the truck off-balance, which can increase the risk of certain accidents. Some truck accidents occur because cargo comes tumbling off the vehicle. The end result is the truck driver loses control, and when that happens, it can lead to serious injury.
What Can Cause a Truck’s Cargo to Shift?
Truck cargo shifts occur when any material hauled in the trailer moves. This could be a significant move from one side of the truck to the other. Other times, shifts are smaller and may not be instantly recognizable. The following are some examples of what can cause a truck’s cargo to shift:
Improper Loading
Cargo loaded onto the truck must be placed properly. Details matter here. If too much weight is on just one component of the truck, that lack of balance can lead to cargo shifting as the truck tries to turn a corner. There are several elements that contribute to improper loading:
- The heaviest objects tend to be placed at the base of the load, beneath items that are lighter. This protects the products from being damaged. It also minimizes the risk of significant shifts.
- The heaviest items are placed towards the front of the truck within the trailer. Doing so minimizes the amount of force the truck needs to pull the trailer.
- All cargo must be secured. Most often, this means being strapped into place through the mechanisms on the truck designed specifically for this process. Tie-downs are common, but there are also built-in systems to minimize movement.
- Cargo on pallets or other loose loading systems can be problematic. This is why, often, it is necessary to wrap pallets to minimize some components coming loose.
- The cargo must be balanced across the truck. Too much weight on one area can lead to the truck tipping over. It may also lead to axle failure or difficulty for brakes or tires on the heavier side to operate properly.
If any type of lack of detail occurs, the cargo could come loose. This type of shift is unexpected in most situations. It could occur while the truck is going up a steep incline or down one. It may also occur around turns or at high speeds. The speed of the truck can amplify the shifts in the truck’s movement, creating a higher risk of potential damage.
What Happens When a Truck’s Cargo Shifts?
When that cargo shifts, truck becomes unbalanced. This makes it much harder for the driver to steer the truck. Even if the truck driver can steer it, the unpredictable continued movement of the cargo creates a higher risk of sudden accidents. A truck at high speeds with a sudden change in balance can cause the truck driver to lose control. This leads to devastating accidents.
The truck could jackknife, which occurs when the truck and trailer form a “V” shape as the trailer gains too much speed and does not stop. Jackknife accidents are highly dangerous because even the most skilled truck driver may struggle to control them.
The truck may roll over. The change in stability can cause the truck to roll over, causing serious risk to anyone on board the vehicle as well as anyone in the way of it as it rolls uncontrollably.
Another important risk to shifting cargo is the risk it creates to other people. The cargo may shift enough to cause it to topple out of the truck. The cargo may fall out of the truck, creating an obstacle in the roadway. This sudden movement can make it hard for anyone behind the truck to avoid the incident. It can cause pileups and serious secondary accidents. An object that comes off the truck could also strike a car, causing serious injury to another person.
Additional Accidents Unique to Trucks Carrying Cargo
Jackknifes, debris spills, and rollovers are always a possibility, but cargo-hauling trucks also have their own unique risks. They include:
- Chemical exposure
- Explosions
- Damage to the roadway from equipment drops
- Reactive collisions with other drivers
- Biological and environmental disasters
Truck drivers who lose control over these very large vehicles can cause serious injuries to others. If they lose control over the steering of the truck, this means they could turn into oncoming traffic, causing head-on collisions. If the truck’s axle breaks due to the uneven weight, this can cause the truck to spin, damaging anyone and anything in its path. Any type of accident that could occur in a car is made worse in situations like this.
Most Cargo-Related Accidents Are Preventable
An important consideration for victims of cargo-related accidents is whether the company or the truck driver could have prevented the incident from occurring. Most trucking companies have specialized cargo loading companies to handle these tasks. Even if they do their own loading of trailers, trucking teams are given very specific steps to take to minimize risks. If they fail to do so, that can demonstrate negligence.
For example, the cargo loading company may be using equipment to load and latch cargo into place. As they do, there are safety steps along the way to ensure that the cargo is not likely to move. If they use defective straps or do not complete the necessary quality inspection, that means they are putting others at risk.
Truck drivers may also be able to monitor changes in the trucks and trailers as they are operating. Early recognition of a shift in cargo enables the truck driver to get off the road to inspect and fix the problem before it worsens or causes an accident. A truck driver who fails to take these actions could be putting others at risk without reason.
What Is Unsecured Cargo So Dangerous?
Shifting cargo creates a significant risk for the truck, the truck driver, and others on the roadway at the time. As the cargo shifts during the route, the center of gravity within the truck suddenly changes. This change causes the truck to physically sway. It can cause the truck to tip over, especially when speeds are higher.
If loads are not put in place properly, not stacked evenly, or not secured in a way that is expected, this can create a high risk of sudden and unpredictable movements, causing accidents. This is amplified in situations where the truck driver swerves or changes lanes at a high rate of speed.
Perhaps the most notable point is that shifting cargo is also unpredictable. There is no way to know what is moving, where it will move to, and what ongoing damage this can cause. The more shifting that occurs, the higher the risk of cargo loss and damage to others.
Federal Laws and Regulations Governing Cargo
The Federal Motor Carrier Safety Administration governs the safety of trucks, including cargo management. There are laws that require truck drivers and associated companies to ensure cargo is safe and there is no risk to anyone else on the roadway. Consider some of the most notable:
Performance Criteria for Equipment
Not only does a truck have to have proper security devices and systems in place to mitigate the risk of cargo shifts, but they also must meet specific performance data. They must match the specific types of cargo and weights of those products. Further, those items must also be in good working condition (and inspected at the time of use).
Proper Use of Tie-downs
Unlike a consumer who may be hoping that an oversized item in the back of a pickup stays in place, truck drivers and cargo companies must follow specific processes to ensure cargo is secure. That is, they must:
- Use tie-downs appropriate for the load
- Attach tie-downs appropriately
- Secure tie-downs in all possible ways to minimize any cargo from becoming loose or unfastening
Tie-downs must have edge protection. This means the edges of the tie-downs must be resistant to abrasion, cutting, or crushing. This further ensures less risk to others on the roadway.
Tie-down Markings
To ensure this occurs, tie-downs must have specific markings on them to ensure that the tie-downs are applicable to the type of material and weights. Misidentifying unmarked tie-downs could mean there is not enough protection and the load limit is not maintained.
Anchor Points
Trucks with cargo also must have specific anchor points, which must also be marked and rated. This is where the cargo system attaches to the truck to prevent movement and create stability.
Ultimate Rules
To be effective, cargo restraint systems must:
- Firmly immobilize all cargo on or within the vehicle
- Secure cargo within the structure
- Ensure adequate strength of the mechanisms used
- In situations where there is open space, the use of dunnage bags, inflatable bags that fill open spaces, must be used as necessary
The appropriate number of tie-downs must be used. A full understanding of the methods appropriate for securing cargo is not just the job of the cargo loading company. Truck drivers and trucking companies must also take steps to ensure that the vehicle is safe from potential cargo shifts.
Filing a Lawsuit After a Cargo-Related Truck Accident
In situations where a cargo shift occurs and causes an accident, the injured victims may seek compensation for the losses they incurred. Filing an accident due to cargo shifts may be complex to prove initially, however, a skilled truck accident attorney can offer help in several ways.
Gathering Data and Evidence to Prove Loss
Cargo shifts may be noted based on the onboard sensors on the truck. The truck company may not simply provide this information or any evidence that the cargo shift occurred. An attorney will work to gather evidence from all available sources to document the cause.
Identifying All Parties at Fault
Truck accidents are not just the fault of the truck driver in many cargo accidents. Other parties, including the truck company, could be responsible if the truck’s maintenance was lacking, which would have caused the accident to occur. Additionally, if the truck company used a cargo loading company to handle this process, that company could also be held responsible for the losses incurred. An attorney will document all potential parties at fault so that fair recovery of damages is possible.
Many of these accidents are preventable with good oversight, following cargo loading best practices, and ensuring qualified professionals are behind the wheel. Yet, insurance companies may take steps to minimize claims and compensation in various ways, including denying the shift occurred, pinning the accident fault on the other driver, or refuting victim claims for losses.
Cargo shifts can cause serious truck accidents, including those that may be fatal to victims struck by an uncontrolled vehicle. Because these are complex cases, and often those that require a team of experts to better understand what occurred and who is responsible, victims should hire legal support to guide them in creating a claim. A truck accident attorney can help determine the underlying cause as well as the fault of all parties, making it possible to protect the victim’s right to fair compensation.