Experienced truck drivers know that even the most secure load can shift while being transported. If a load is top-heavy, it could cause the truck to roll over; if loose on a flatbed trailer, it could fall off of the truck into lanes of traffic. With the potential for serious injuries a very real possibility in the event of a truck accident, great emphasis is placed on making sure that cargo is safe for the road and that trucks are not overloaded or overweight. Drivers are responsible for the loads that they haul, but questions arise when shippers load the truck themselves.
If the shippers maintain that additional safety rules are unnecessary, can they be held liable if an accident occurs?
Charles Spence was hauling cargo loaded by ESAB Welding & Cutting. Load stars (small metal strips) were placed on the trailer's floor to keep the load from shifting. Spence, who had transported ESAB goods on five other occasions, voiced concerns with the way the load was secured, preferring that the block and bracing method be used instead. ESAB told Spence that the load stars had always worked well in the past. Spence deferred to ESAB's judgment.
Relatively close to the ESAB facility, Spence encountered problems. As he turned the corner, the load shifted. This caused his truck to roll over, leaving him seriously injured. He filed a lawsuit against ESAB, alleging that ESAB was negligent for failing to secure the load. ESAB argued that federal regulations placed the ultimate responsibility for the load on Spence, and, therefore, ESAB could not be held liable for Spence's injuries.
The case was heard in the U.S. Court of Appeals for the Third Circuit. The court found that since ESAB did more than just place the cargo on Spence's truck, it owed a duty to Spence to make sure that the methods used did not place him in danger. Not only did ESAB supply Spence with the load stars, but it also had told Spence that additional safety precautions were not necessary.
The case was sent back to trial court to determine the amount of fault between the parties. For those who may be injured in trucking accidents, it will be important to examine the chain of control over the cargo. Knowing who is responsible may allow for additional sources of compensation for injuries. Speak with an experienced attorney in your area if you've been injured in a truck accident.
