Can a shipper, that is, a entity that wants to ship a product, be held responsible for injuries resulting in a truck accident? At first glance, you may think not. The shipper, they have an affirmative duty to look at the qualifications of the driver as well as the safety record of the trucking company, but if the shipper fails to look at these qualifications on the driver or the trucking company as far as statistically how many accidents they’ve been involved in, then a shipper can be held responsible for damages from a truck accident.
Of course, there are instances where even a shipper’s held responsible whenever a truck’s been improperly loaded. If the shipper participates, especially in the loading process, they could be held responsible for the negligent loading of the vehicle. However, if the shipper did participate in the loading of the vehicle but all the federal regulations were complied with then none of those regulations could be used to show negligence against the shipper.
It is important to note too that if the truck was actually sealed before it was picked up by the motor carrier, then it is assumed that the shipper participated in the loading process. The shipper does have a duty, an affirmative duty, to investigate the motor carrier as far as insurance, registration, and licensing. If you have questions about your truck accident and whether the shipper can be sued for any damages that you’ve sustained, feel free to contact my office at 770-792-1000.