The party that should be held liable for a truck accident caused by spilt cargo depends upon who was in charge of securing the shipment. In some instances, it may be more than one party that’s liable. It will take some digging to find out which party(ies) can be named as defendants in a truck accident claim or lawsuit.
If you or your loved one was involved in an accident in Pennsylvania caused by spilt cargo, you are welcomed to contact one of our truck accident lawyers at Cordisco & Saile LLC to identify and establish liability.
Potential Liable Parties for Spilt Cargo Accidents
How the spill occurred and which party handled overseeing the cargo will factor into a liability for the accident. Below are a few potential parties that may be responsible.
- The truck company: The company may not have instructed the driver correctly on cargo securement, may have overloaded the truck, may have had inadequate securement policies or equipment, etc.
- The truck driver: The driver may not have checked his cargo at the required intervals during his trip, or he may be been acting recklessly. Note, if the spill was, in fact, the truck driver’s fault, it’s still technically the company that will be held liable for your damages, not the driver directly. “Vicarious liability” is the term for an employer’s responsibility for its employees while they act under the auspices of their job.
- The loading company: Some carriers hire a third-party loading company for their cargo, or the corporation may have loaded their cargo. If the loading company made errors or oversights when they loaded a shipment, it’s that company that will be held liable.
- Defective parts business – If the spill occurred as a result of inadequate restraints or a defective truck part, then the parts manufacturer may be responsible.
What to Do if You Were Involved in a Truck Accident
Taking on a truck crash claim on your own is hard work. Claims involving commercial vehicles, particular cases like this that may have more than one potential defendant, significantly benefit from quick and professional legal counsel.
For help in Pennsylvania, you are encouraged to call Cordisco & Saile LLC for a free case evaluation. We can review the evidence surrounding your accident, identify liability, and then help you take legal action to pursue restitution for your damages. Contact us today at 215-642-2335.