Truck drivers are required to make sure that their cargo is loaded properly. If they don’t make sure that the cargo is loaded properly then they will be exposed, that is they will expose the trucking company to damages or potential damages in the event of an accident. Of course, the trucker cannot begin to go out on the road until he or she makes sure that the cargo is properly distributed weight-wise, as well as it’s being properly secured and that all of the mechanisms used to secure the cargo are, in fact, themselves in good working order.
The cargo itself cannot, in any way, impede the driver’s visibility. Also, it cannot, in any way, shape, form, or manner, interfere with the driver’s arms, legs, or any body part. After a trucker has been on the road for 50 miles, not more than 50 miles, they can do it a little less, but they have to stop to the side of the road or make the stop to double check, to make sure that the cargo is still fastened and secured.
Also, the trucker has to, whenever they do a change of status, a duty of status, I should say, whenever they do that or whenever they’ve been on the highway from 150 miles or more, they have to stop. Once again, stop, check to make sure everything as far as the cargo is, in fact, secure. Sometimes, it’s not only the trucking company which is held to be responsible for improperly loaded cargo.
The shipper, depending on whether the shipper had any input into the actual loading of the cargo may, in fact, be responsible for your damages as well. Of course, whenever the cargo has been loaded and the trucker has nothing to do with the actual loading of the cargo and it’s already been sealed, then, the motor carrier cannot be held responsible for an improperly loaded cargo. If you feel like the cargo may have been improperly loaded and not properly secured, please call my office 770-792-1000.