The Role of Shipper Liability In Cross-State Truck Crashes

In most truck accidents, we often find room to blame the irresponsibility on the truck driver or the company that manufactured it. But many times, we become oblivious to the fact that there is always an involvement of a third party who might have fostered certain negligence on the carrier. This is what shipper liability truck accidents mean.

The cross-state truck crash shipper responsibility, along with the truck driver or the company, should fall on the shipper as well. This person holds a massive role in taking on the accountability for the specific accident. As there can be several reasons that often get overlooked, but are not meant to, like; 

1. The shipper, with no proper investigation, selected a malfunctioning truck to ship or transfer the heavy goods. 
2. Sometimes, in order to meet the deadlines, shippers pressurise the truck drivers to meet the end needs in a specific time, which leads to speeding and reckless driving. 
3. To save money on selecting another mode of transportation, they overload the same vehicle or stuff the goods improperly, which makes the truck disbalanced. 
4. The shipper might fail in properly fixing the goods in the truck with the straps, tie-downs, or other resources. 
5. They also sometimes take the instructions lightly; they don’t provide proper instructions to the drivers regarding the particular goods they are carrying. 

All these reasons hold a prominent aspect in the mishappenings that the locals have to suffer. So, it is not always the truck driver or the company, but also the person who neglected the moral grounds to be adhered to.

The Regulatory Standards That Govern It

There are two bodies behind governing the cross-state truck crash shipper responsibility, the Federal Motor Carrier Safety Administration(FMCSA) and Illinois state laws. The two establish rules and regulations on different grounds, like:

• Federal Motor Carrier Safety Administration(FMCSA)
  • Establish driving hours
  • Vehicle maintenance
  • Establishing weight limits
  • Properly trained drivers
• State Law
  • Determine the at-fault party
  • Meticulous investigation
  • Also, determine the potentially liable parties, like the road maintenance, insurance company, or lease companies. 

To understand this better, let us understand it through a case study.

Case Study

Date- 25th May, 2025

Location- Interstate 80, Illinois

Weather- Sunny

Time- 4:30 PM

Who all were involved?

→ The truck company

→ The truck driver

→ The shipper

Victims

A family sitting in a Sedan. 

The case:

1. The shipper contacted the trucking company for the transfer of goods. The trucking company assigned a truck driver the task. And the deal was settled without checking the vehicle’s tools and operations.
2. The contract was for 5 days. They had to deliver the goods to the required destination in 5 days, so there would be no shortage of the most demanded product in the market. But the delivery was preponed rather than the finalised date.
3. The truck driver was driving recklessly due to fatigue and hence which resulted in a serious on-road accident, injuring the family severely. 
4. Immediately, the truck driver and the trucking company were held liable, and a case was filed. 
5. The case went to the FMCSA and the state law.

Loophole:

After a meticulous probation, the third party was taken into custody for the following reasons:

1. They pressured the truck driver to prepone the delivery; instead of 5 days, they wanted him to make the delivery in 3 days. This led to a lack of rest and excessive fatigue. 
2. Secondly, it was detected that there was a malfunction with some operations in the truck.
3. The above two reasons display that the shipper violated the two most prominent laws established by the Federal Motor Carrier Safety Administration. 

Liability:

Hence, the shipper was charged with the hefty liability for violating the laws, along with the trucking company for not maintaining the vehicles properly, which led to the catastrophic incident. 

Like the case study mentioned above, there are many other examples where, due to improper loading of goods, people have to go through perilous stages. 

Examples of Improper Loading of Goods

Example 1: 

A truck loaded with improperly stuffed boxes of seed oil broke open on the road and started to leak. It started to spill on the entire route, leading to accidents with other vehicles traveling on the same route. The whole situation turned wrecked. 

Example 2: 

A truck improperly loaded with metal sheets began to slide from the respective place, falling on the road and on the other vehicles on the same route, creating havoc. 

Many such examples shape into disastrous events due to the unavoidable negligence of the liable parties. 

The legal challenges faced in such incidents

• Venue Considerations: Since these cases involve interstate accidental situations, this makes it more complex to be decisive of the fact that where the particular case is to be registered or filed. 
• Conflicting State or International laws: Since the interstate crashes two different places, it makes it strenuous to decide which side of the law will be followed.
• Extensive Investigation: Probing a case from another state is an extensive process as it takes a detailed and thorough search, already then the added travel doesn’t make it any easier!
• Determining the involved party: After the investigation, a lot of aspects unfold. According to those aspects, the government body is expected to align the representatives and the liable parties. 

Hipskind & McAnnich: Why Them?

For a sturdy and fortified support, you are required to hire attorneys who not only bring success but are also able to claim the maximum amount. Hipskind and McAnnich are the best attorneys you can depend on. They not only tackle their clients as attorneys but also put their interests and concerns as their significant priority.

With the success rate of 99%, the two attorneys stand their ground firm and clear, and make sure that they serve justice not just to the clients but a backend harmonious support for the mental well-being. They claim that they have won more than $10 million for their clients, so why should you feel out of place when you can reach out too? 

Shipper-owned truck accident injuries are intensely serious and must be addressed. The firm holds a generous experience in the field of providing mental stability to its clients through consultation and preparing them for all possible situations. 

Category:

Truck Accidents