Can I Sue a Company if Their Cargo is Spilled on the Road?

Driving comes with its share of worries. You never know who or what you will see on the road, especially when it comes to commercial trucks transporting cargo from one location to another.  

A commercial vehicle’s doors could suddenly open, scattering packages across the road. Unable to move out of the way or stop, you crash, resulting in serious injuries and a totaled car. The question is: Can you sue the company? The answer is more complicated than you think. If you’ve been involved in an accident due to spilled cargo, contact a Los Angeles car accident lawyer for more information about your rights after a car accident and whether you can receive compensation for your injuries.  

What is a Commercial Vehicle?  

A commercial vehicle is a car, truck, or van driven for the sole purpose of providing goods and services to customers. These can range from everyday cars used for driving passengers or shuttling employees around for work to vans used for delivering products to your doorstep, or even semi-trucks that come in and out of ports or warehouses carrying large loads of cargo. 

What is Cargo?  

There are many types of commercial vehicles, so anything can be cargo in the eyes of the law. If it can be delivered, it can be classified as cargo. This means packages, water, toxic waste, medical waste, gas, trash, and so much more can be classified as cargo. You never know what’s on the road, so it’s important to be aware of your surroundings and of other vehicles on the road. This can go a long way to keep yourself safe from potential danger.  

Spilled Cargo 

There are many reasons cargo can spill out of a vehicle. Improperly loading and/or labeling cargo is a recipe for disaster for everyone in the area. If you drive a commercial vehicle, make sure your vehicle is properly secured before driving.  

Loose Cargo – When cargo isn’t secured, it can move around when on the road, shifting the weight distribution of a commercial truck. This can lead a truck to topple over when making a turn or even changing lanes. If the truck is near any other cars, it can also swipe them in the process.  

Unlocked Doors – When the cargo doors aren’t properly locked, the items inside the truck can fly out and litter the road. This can cause an accident if there are other drivers on the road who cannot brake in time to avoid hitting the cargo. This is often seen with delivery trucks and vans whose drivers may not close the doors all the way before driving from home to home. 

Overloaded Cargo – If there is too much cargo on the vehicle, it can make the vehicle difficult to control. This can lead to brake malfunction, and cargo could also topple out of the vehicle. 

When Can I Sue a Company for a Car Accident in Los Angeles? 

Many commercial vehicles are driven by third parties who are not considered employees of the companies they represent. If you find yourself injured in a car accident with a commercial vehicle driver, make sure to collect their insurance information at the scene, their employer information, and who they were driving cargo for. Commercial vehicle accidents in Los Angeles can often involve complex liability. In other words, multiple parties may be held responsible for your car accident. Here are a few parties your Los Angeles car accident attorney could pursue for compensation: 

The Driver – Third-party company drivers are people who work for an independent driving company but deliver cargo for an entirely different company. For example, Amazon has a collection of third-party shipping facilities. These third-party drivers must carry their own liability insurance.  

Flex Drivers – These are your DoorDashers, Uber drivers, and some Amazon delivery people. These independent contractors use their personal cars to work. Companies may offer coverage to these individuals, but oftentimes, the individual may have to use their commercial insurance if they are involved in a car accident in Los Angeles.  

The Company – If the driver is an official employee of the company delivering cargo, and/or if the accident was a result of a company’s failure to properly perform maintenance on a truck, then the company could be held liable after an investigation. 

Owner-Operator – If a truck is owned by a different party, that party would be responsible for the accident if it was caused by a problem with the truck itself.  

Accident investigations begin with the immediate parties involved. As investigations progress, your Los Angeles car accident attorney will learn more about the accident. As a result of these investigations, some cases involve multiple parties because of outside factors like company negligence, retaliation, and unhealthy working conditions. If you believe you have a case against a company instead of a third-party or individual, contact a Los Angeles auto attorney as soon as possible. 

California’s Comparative Fault Law 

California’s Comparative Fault Law states that each party involved in a crash will be held responsible for a percentage of an accident after an investigation. This is to allow both parties to recover compensation for their losses. If you are involved in an accident with a commercial vehicle, you may be entitled to compensation, regardless of whether you made a mistake. To discuss the circumstances of your car accident, schedule a free consultation with Los Angeles car accident lawyer! 

FAQ 

How Can I Avoid a Car Accident Involving Spilled Cargo? 

Car accidents involving spilled cargo can happen at any time. If you notice a cargo truck is moving oddly or if its doors are not shut, contact the police. For your safety, drive at a distance, move to another lane, or get away from the commercial vehicle. 

When Can I See a Los Angeles Car Accident Lawyer Near Me?  

Once you’ve collected all the information you can get from an accident and reported it to your insurance, you can meet with a Los Angeles car accident lawyer. It’s highly recommended that you visit the hospital beforehand as well to start a paper trail of your injury treatment. This will only help your lawyer make a stronger case on your behalf.  

How Long Do I Have to File a Lawsuit After a Car Accident? 

The legal process is the same for commercial vehicles as regular cars on the road, so you have two years from the date of the accident to file any legal action. It’s recommended that you meet with a lawyer sooner than later to increase the chances of finding usable evidence in your potential case.  

How Do Lawyers Prove Fault? 

Commercial vehicles come with more surveillance technology than average vehicles.  

Due to the nature of the profession, many commercial cars come with cameras in the car to monitor drivers, car data metrics that track speed and delivery data, as well as GPS systems. 

A Los Angeles car accident lawyer will have access to this metadata in an investigation to determine liability in your case alongside supplemental evidence from dashcams, witnesses, and CCTV footage. 

What Type of Compensation Can I Get After a Car Accident? 

In any accident, the chances of injury are high. Depending on the severity of your injuries and their effects, you may be entitled to more compensation than you think. Possible reimbursable damages include Medical Expenses, Lost Wages, Property Damage, Loss of Consortium, Mental and Emotional Trauma, and Suffering. 

Contact Our Lawyers Today!  

Our experienced Los Angeles car accident lawyers at Vaziri Law, LLP, are dedicated to helping our clients receive the compensation they deserve after an accident. We aren’t intimidated by major corporate legal teams or insurance adjusters. If you were hurt after a car accident in Los Angeles involving spilled cargo, contact Vaziri Law for your free consultation today!