Cargo Spills and Truck Accident Liability

The California economy depends heavily on commercial trucks. In a recent year, the state shipped over 580 million tons in total weight of goods by truck. With all this freight on the road, it’s no wonder that cargo spills are a safety threat.

If you or a loved one suffered injuries in a truck cargo spill accident in Sacramento, you could be eligible for money for your medical and repair bills, lost income, pain and suffering, and more. However, determining fault in a cargo spill crash is complex because multiple parties could share blame for the wreck, each of whom wants to avoid liability and expensive payouts. A truck accident attorney who understands cargo spill claims is a critical ally as you seek justice and fair compensation.

Choose Demas Law Group to handle your truck accident case. Our law firm has recovered tens of millions of dollars in settlements and verdicts for our clients, helping them rebuild their lives after serious California truck accidents. Contact us for a free consultation with an experienced truck accident lawyer in Sacramento.

Types of Cargo Spills

Cargo spills involve many types of materials, including:

• Bulk cargo – Open-bed trucks often transport bulk materials like sand, gravel, mulch, and agricultural products. If these spill or get loose, they create hazardous road conditions from reduced traction, cracked windows or windshields, and roadway obstructions.
• Hazardous materials – Tankers that spill gasoline, oil, chemicals, and other dangerous substances pose an enormous threat via toxic fumes and fire hazards. California has strict guidelines and penalties for negligent shipping companies that release toxins into the environment.
• Fragile goods – Easily damaged goods like glass and electronics increase the risk of punctured tires and the potential for chemical burns or harmful fumes if they contain dangerous substances like lead, mercury, and other metals.
• Livestock spills – Truck cargo spills involving live animals can quickly lead to chaos as other motorists try to avoid hitting the livestock. Sudden braking and swerving can result in devastating multi-vehicle collisions.
• Oversized cargo – Cargo that exceeds the standard size, such as mobile homes and other outsized items, have the potential to tip over. Extra-wide cargo can also intrude into multiple traffic lanes, posing a risk for other motorists.

Causes of Cargo Spills

Some of the most common causes of cargo spills in Sacramento include:

• Improper or unbalanced loading
• Unsecured loads
• Overloading or exceeding the maximum load limit
• Loading into a container not designed for the purpose
• Using faulty or damaged straps and other equipment
• Rusted, cracked, or improperly maintained tankers or containers
• Speeding, reckless driving, or other driver error
• Ignoring safety regulations or required maintenance
• Poorly maintained roads with uneven surfaces or potholes

Determining Liability in Cargo Spill Accidents

The party at fault for a semi-truck accident will not always accept responsibility for their actions. That is when having an experienced attorney is crucial. You need the strongest evidence to prove truck accident liability, and some of it may be difficult to collect without a lawyer’s help.

Examples of evidence in a cargo spill accident claim include:

• Photos
• Videos and dashcam footage of the truck accident
• Information from the truck’s event data recorder (“black box”)
• Witness statements
• Police reports
• Shipping manifests/bills of lading
• Truck driver hours-of-service logs
• Trucking company records
• Weigh station information
• Testimony from accident reconstruction experts
• Cell phone records
• Drug and alcohol test results

After gathering compelling evidence to support your claim, a truck accident attorney can identify all liable parties and demand compensation from the relevant insurance companies. Contrary to popular belief, truck drivers are not the only parties who can be held liable for truck accidents.

Impact of Cargo Spills on Victims

Cargo spill victims may experience a wide range of difficulties after a truck accident. These include:

• Physical injuries – Traumatic brain injuries, broken bones, deep cuts and lacerations, whiplash, soft tissue injuries, internal bleeding, and burns can be painful, life-threatening, and may result in permanent disabilities.
• Emotional harm – Mental anguish may take the form of anxiety, depression, post-traumatic stress disorder (PTSD), and insomnia.
• Financial problems – The economic cost of a cargo spill truck accident takes a toll on victims. The sudden cost of medical bills, car repairs, insurance deductibles, and lost wages can cause significant financial hardships.

Truck Accident Compensation and the Claims Process

Commercial trucking companies carry liability insurance policies, often substantial ones. The minimum coverage for a semi-truck set by the federal government is $750,000 but can reach as high as $5 million, depending on the types of materials transported. However, if you know anything about insurance companies, you know that they can be reluctant to pay out claims, even if their policyholder is all or primarily responsible for your injuries.

During the claims process, the insurance company will conduct its own investigation of the cargo spill accident. An adjuster will request documentation of your injuries and place a value on the harm you’ve suffered. At that point, the insurer might make a settlement offer that could seem generous. However, whatever they offer is typically far less than what cargo spill victims deserve. A skilled attorney can help maximize compensation by placing a fair value on your case and negotiating with the insurance company for an appropriate amount.
Most truck accident claims settle. But your case could go to court if both sides cannot agree on a settlement. There, a judge or jury will decide whether you should recover compensation.

In California, compensation for a truck accident case may include money for losses like:

• Medical bills
• Rehabilitative therapy
• Lost wages
• Reduced earning capacity
• Disability
• Pain and suffering
• Diminished quality of life

It’s important to know that California has a two-year statute of limitations for personal injury lawsuits. Missing the deadline could mean losing your right to pursue compensation. For this reason, you should consult a qualified attorney immediately after a cargo spill truck accident to get the legal process underway.

Contact a Sacramento Truck Accident Attorney

At Demas Law Group, we understand that truck accidents can wreak havoc on your life. Let us help you pursue justice now. Our experienced legal team combines knowledge and compassion to deliver outstanding results for our clients. With a track record of success and a history of multimillion-dollar settlements, our firm is a powerful ally when it is time to hold at-fault parties accountable for their negligence.

Contact our Sacramento truck accident lawyers today for a free consultation. We can review your case, advise you on your options, and pursue the money you need to move on with your life.