At one time or another, most drivers have been passed by or stuck behind a large truck hauling a trailer enclosed by a loose tarp or an open bed of rock, gravel or rip-rap. Oftentimes, the truck has a sign that reads, “NOT RESPONSIBLE FOR BROKEN WINDSHIELDS,” suggesting such vehicles are protected from the harm they may cause on the roadway. Not true.
Commercial truck drivers have a duty to ensure the safety of their cargo and equipment. Federal regulations provide that commercial truck drivers must perform a safety inspection. No shipper can force a driver to accept a load the driver believes is unsafe. Nonetheless, a shipper may face liability if a defect in the load could not be uncovered by the driver through ordinary observation.
Careless loading and hauling of cargo and equipment can cause chipped paint, dents and broken windshields. However, sometimes serious and catastrophic injuries and even death can occur when a a vehicle is struck by unsecured cargo or equipment, such as a crane boom, or must leave the road to avoid such dangers. Because many companies and their insurers will seek to shift the blame to the victim for purportedly following too closely or not taking equally dangerous evasive maneuvers, the only recourse in such situations may be to seek a legal remedy.