Unsecured cargo and spilled load truck crashes in Indiana

Loose lumber, steel coils, gravel, pallets, and equipment can turn into deadly projectiles on a highway. A load that shifts inside a trailer can also tip a truck into a rollover or jackknife. These crashes are often preventable, which is why federal rules spell out how cargo must be secured and checked.

Who is liable when cargo falls off a truck or a load shifts and causes a crash?

Usually the truck driver and motor carrier, because federal rules require cargo to be secured and require drivers to inspect it within the first 50 miles and periodically after that (49 CFR 392.9). A shipper or loading company may share fault, especially if it loaded and sealed a trailer the driver could not inspect.

What federal cargo rules require

• Prevent loss of load. Each commercial motor vehicle must be loaded and equipped, and its cargo secured, to prevent the cargo from leaking, spilling, blowing, or falling from the vehicle (49 CFR 393.100).
• Prevent shifting. Cargo must be contained, immobilized, or secured so it does not shift in a way that affects the vehicle’s stability or maneuverability (49 CFR 393.100).
• Use enough tiedown strength. The combined working load limit of the tiedowns used to secure an article of cargo must be at least one-half the weight of that article (49 CFR 393.106). Articles likely to roll must be blocked with chocks, wedges, or similar means.
• Inspect the cargo. Before driving, the driver must make sure the cargo is properly distributed and secured. The driver must inspect the cargo and securement devices within the first 50 miles of a trip, and re-check them when changing duty status, after 3 hours of driving, or after 150 miles, whichever comes first (49 CFR 392.9).
• Carrier responsibility. A motor carrier may not require or permit a driver to operate a truck unless the cargo is properly distributed and secured (49 CFR 392.9).

Commodity-specific rules also apply to items such as logs, metal coils, heavy equipment, concrete pipe, and vehicles. Indiana has adopted these federal rules for many intrastate carriers as well (IC 8-2.1-24-18).

Common ways cargo causes crashes

• Unsecured items falling from flatbeds or open trailers onto the road or through a windshield.
• Gravel, sand, and debris blowing from uncovered dump trucks and haulers.
• Loads that shift inside a trailer during a turn, causing a rollover or jackknife. See jackknife truck crashes.
• Overweight or poorly balanced trailers that affect braking and handling.
• Spilled cargo left in lanes after an earlier incident, causing secondary crashes.

Who may be responsible

• The truck driver, for failing to secure or inspect the load as required.
• The motor carrier, for the driver’s conduct on the job and for its own training, equipment, and policies.
• The shipper or loading company. Many trailers are loaded and sealed by the shipper. Federal rules recognize that a driver of a sealed trailer who has been ordered not to open it, or a trailer loaded in a way that makes inspection impracticable, is excused from the driver inspection steps (49 CFR 392.9(b)(4)). In those situations, the company that loaded the trailer may bear more of the responsibility.
• Equipment owners and manufacturers, if a defective strap, chain, binder, or anchor point failed.

Read more about who can be liable in an Indiana truck crash.

Evidence that matters

• The cargo itself and the tiedowns, straps, chains, and blocking—kept, not discarded.
• Photos of the load, the trailer, and the debris field.
• Bills of lading, load diagrams, weight tickets, and shipping documents showing who loaded the trailer and what it weighed.
• Any post-crash roadside inspection by the Indiana State Police and the crash report.
• Truck engine data, ELD records, and camera video.

Because spilled cargo and damaged equipment are usually cleared quickly, evidence should be documented and preserved right away. See truck black box and ELD evidence.

What if the truck kept going?

Sometimes debris falls from a truck that never stops. If that happens, try to note the company name, USDOT number, trailer number, plate, direction of travel, and time, and report it to police right away. Nearby traffic cameras or other drivers’ dash cameras may help identify the truck. Your own auto policy may also provide coverage; check its terms and notify your insurer promptly.

Comparative fault

A trucking company may argue that the injured driver was following too closely or could have avoided the debris. Indiana reduces damages by an injured person’s share of fault and bars recovery only if that fault is greater than everyone else’s combined (IC 34-51-2-6).

Hit by falling cargo or hurt in a load-related truck crash in Indiana? Call 1-800-265-9881 or send the free case review form.

General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.