Improper loading or securing of cargo can lead to serious accidents, making it a significant concern for trucking companies. When these incidents occur, the trucking company may face legal claims.
However, there are several defenses that can help protect the business from liability.
Proving adherence to regulations
One of the strongest defenses in these cases involves proving that the company followed all relevant regulations and industry standards for loading and securing cargo. The Federal Motor Carrier Safety Administration has specific cargo securement rules. If the trucking company can demonstrate that it complied with these rules, it can strengthen its defense. Detailed records of the loading process, including weight distribution, tie-downs and inspection reports, can be valuable evidence.
Identifying other liable parties
In many cases, the shipper or the loader may have been responsible for loading the cargo rather than the trucking company itself. If the trucking company can prove that a third party handled the loading process, it can shift liability away from itself. In this case, it is important to prove that the trucking company followed standard procedures in accepting the load.
Demonstrating lack of causation
In any legal case involving an accident, the damaged party must establish causation. This entails proving that the alleged behavior of improperly securing cargo directly caused the accident or damage. The trucking company can defend itself by showing that other factors contributed to the incident. For example, the company might argue that road conditions, weather or the actions of other drivers played a more significant role in causing the accident.
Accident claims are not only costly but they can also greatly detract from a trucking company’s reputation. However, trucking companies have several viable defenses available to them. Examining the situation objectively can reveal the type of defense that will best serve to protect the company’s interests.