On Indiana highways, it’s not always the driver or the truck that fails; it’s what’s inside the trailer. When a load is stacked too high, shifted too far left, or left unsecured altogether, the vehicle becomes a ticking time bomb. At highway speeds, just a few inches of imbalance can send an 80,000-pound truck into a deadly roll.
Improper cargo loading is a leading and often overlooked factor in commercial truck crashes in Indiana. And in many cases, the people responsible for that dangerous load never even set foot inside the truck. When a serious accident occurs, it’s crucial to look beyond the driver and the trucking company.
Third-Party Liability in Cargo Loading Cases
Cargo doesn’t load itself. Before a truck leaves the dock, a network of third-party companies may handle everything from selecting the freight to physically stacking the pallets. If any link in that chain fails to follow safety procedures, everyone on the road is at risk.
These cargo-related truck crashes often involve layered liability where multiple parties share blame. Identifying who had control over the load and what safety responsibilities they had is one of the most important steps in determining fault and pursuing compensation.
Third parties that may be liable include:
- Shippers: The company sending the goods may improperly load or fail to label hazardous or unstable cargo.
- Warehouse Contractors: Many warehouses outsource their labor, meaning an entirely different company may be responsible for how the cargo is stacked or secured.
- Freight Brokers: These companies connect shippers and carriers, facilitating the movement of goods. If they choose an underqualified or unsafe carrier to cut costs, they can be held accountable.
- Logistics Firms: In some cases, a third-party logistics company oversees the entire shipping process and may be liable for systemic failures.
When a crash occurs, these companies often attempt to shift blame elsewhere or hide behind layers of contracts. That’s why cargo loading cases require aggressive investigation and a deep understanding of transportation law.
Cargo Securement Rules: What the Law Requires
The Federal Motor Carrier Safety Administration (FMCSA) has established detailed cargo securement rules designed to prevent exactly this type of accident. These federal regulations are also enforced in Indiana and form a crucial part of legal liability in the event of a crash.
Under FMCSA rules, cargo must be:
- Properly secured using tie-downs, straps, chains, or other restraints suitable for the weight and shape of the cargo
- Evenly distributed to maintain the vehicle’s center of gravity and avoid imbalance during turns or sudden stops
- Within legal weight limits, including gross vehicle weight and axle weight
- Inspected regularly, including a mandatory check within the first 50 miles of transport and periodic checks throughout the trip
In Indiana, state police perform roadside inspections and weigh station checks to enforce these regulations. When violations are found after a crash, such as overloading, uneven weight distribution, or unsecured cargo, it can indicate negligence that goes beyond the driver’s role.
How Cargo Loading Failures Lead to Crashes
Unsafe cargo conditions increase the risk of several serious accident types. These are not minor mistakes; they’re preventable hazards that make large trucks inherently unstable on the road.
Common crash types caused by improper loading include:
- Rollovers: Uneven weight or unsecured loads can shift suddenly, especially on curves or exit ramps, causing the truck to overturn.
- Jackknife Accidents: When a trailer swings out to form a 90-degree angle with the cab, it can cause multiple vehicles in adjacent lanes to be wiped out.
- Spill Accidents: Cargo that isn’t properly secured can fall onto the roadway, striking other vehicles or creating obstacles that lead to pileups.
- Rear-End Collisions: Overloaded trucks take significantly longer to stop, especially in wet or icy conditions, which are common on Indiana roads.
- Mechanical Failures: Excessive cargo weight can cause brake failure, tire blowouts, or structural stress on the trailer.
If any of these scenarios are suspected, an experienced truck accident attorney can investigate whether cargo loading errors contributed to the accident and determine who was responsible.
Why Legal Experience Makes a Difference
Proving that a third party caused a cargo-related crash isn’t easy. It often requires reviewing truck manifests, load tickets, freight contracts, employment records, inspection reports, and black box data. In some cases, subpoenas and court orders are needed just to access that information.
Under Indiana law, most personal injury claims must be filed within two years of the accident. That may seem like plenty of time, but critical evidence, such as loading records or surveillance video, can be lost or destroyed within a matter of weeks.
A skilled Indiana truck accident attorney can protect evidence, identify inconsistencies, uncover safety violations, and bring in the right experts to build a strong claim. This is important when multiple companies are involved and each has its own insurance team ready to deflect blame.
Injured in a Trucking Accident?
Put a Proven Fighter in Your Corner
If a truck accident left you or a loved one seriously injured, and you suspect improper loading played a role, Boughter Sinak, LLC, is ready to help. With offices in Fort Wayne and South Bend, we are a heavy-hitting Indiana law firm that knows how to take on trucking companies, freight brokers, and insurers who refuse to take responsibility.
Our case results include a $12 million outcome in a truck accident claim. Contact Boughter Sinak, LLC today for a free consultation. Don’t let critical deadlines pass you by.
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