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Unsecured Cargo Car Accident: Is the Driver Liable?


Unsecured Cargo Car Accident: Is the Driver Liable?

Florida’s ongoing population boom has increased the need for everything from housing and schools to supporting infrastructure. Many large trucks are seen on the road daily to fulfill these needs. Construction supplies, debris, equipment, trash, and metal can easily fall off commercial trucks.

Accidents are bound to happen as the trucks speed down the interstates and highways.

If you are involved in an accident caused by unsecured cargo, do you know how liability is determined? This can be a challenging thing to determine. At this point, you should contact our experienced car accident lawyer at Joe Horrox Law. You can also learn more about your rights and options here.

Florida’s Laws on Unsecured Cargo

Florida has specific laws governing cargo securing in vehicles. According to Florida Statutes Section 316.520, it is a requirement for drivers to ensure that their cargo is securely fastened to prevent it from falling off the vehicle. Failure to do so can result in serious consequences, especially if an accident occurs due to unsecured cargo.

Common Causes of Unsecured Cargo Car Accidents in Florida

Unsecured cargo car accidents in Florida can result from various factors, often stemming from negligence and lack of proper precautions. Understanding these common causes is crucial to preventing such accidents and pursuing legal action when they occur.

Inadequate Securing of Cargo

Florida Statutes Section 316.520 mandates that all cargo be securely fastened to the vehicle. Neglecting to do so is a primary cause of accidents. Cargo that is not correctly secured can shift during transit, leading to imbalance and loss of control for the driver.

Overloading of Cargo

Overloading a vehicle with excessive cargo can strain its capacity, making it more prone to accidents. When a vehicle is overloaded, it becomes difficult for the driver to maintain control, especially during sudden maneuvers or emergency stops.

Improperly Loaded Cargo

The way cargo is loaded onto a vehicle matters. It can lead to accidents if it’s loaded unevenly or placed in a manner that obstructs the driver’s view or balance. Improperly loaded cargo may shift unexpectedly, causing the driver to lose control.

Negligent Inspection

Frequent inspection of cargo restraints is essential, but negligence in this regard is a common cause of accidents. Drivers should regularly check that straps, ropes, or other securing methods remain intact and effective during their journey.

Failure to Adjust for Weather Conditions

Florida experiences various weather conditions, including heavy rains and strong winds. Drivers must adjust their cargo securing methods based on these conditions. Failure to do so can result in cargo becoming loose or unstable.

The Role of Negligence

In unsecured cargo car accidents, negligence often plays a significant role in determining liability. If a driver fails to secure their cargo correctly and this negligence leads to an accident, they may be liable for any resulting injuries or damages.

Comparative Fault in Florida

Florida follows a comparative fault system, meaning liability can be shared among multiple parties. If the vehicle’s driver with unsecured cargo is found to be partially at fault for the accident, their liability may be reduced. Still, it does not necessarily absolve them of responsibility.

The Importance of a Car Accident Lawyer

Navigating the legal complexities of unsecured cargo car accidents in Florida can be challenging, which is why hiring a car accident lawyer is essential. Here’s how they can assist you:

Legal Expertise

Car accident lawyers are well-versed in Florida’s traffic laws and regulations. They can analyze the specifics of your case and determine whether the driver’s failure to secure their cargo constitutes negligence under Florida law.


Lawyers can thoroughly investigate to gather evidence supporting your injury claim. The evidence needed includes witness statements, photos or videos of the accident scene, and accident reports


Experienced car accident lawyers can negotiate with insurance companies and the at-fault party to seek compensation for your injuries and damages. They can work to maximize your claim amount.


If a fair settlement cannot be reached through negotiation, a car accident lawyer can represent you in court. They will advocate for your rights and present a compelling case to the judge and jury.

Seeking Compensation for Your Injury Claim

When you’ve been involved in a car accident due to unsecured cargo, it’s crucial to seek compensation for your injuries and losses. Here’s how the process typically works:

Medical Treatment

Your immediate priority should be seeking medical attention for any injuries sustained in the accident. Document all medical expenses, as these will be a part of your injury claim.

Contacting a Car Accident Lawyer

Reach out to a reputable car accident lawyer who specializes in handling cases involving unsecured cargo accidents. They will provide you with guidance on the next steps.

Investigation and Evidence Collection

Your lawyer will conduct a thorough investigation to establish liability and gather evidence to support your claim. This may involve reviewing accident reports, consulting experts, and collecting witness statements.

Negotiation or Litigation

Your lawyer will negotiate with the at-fault party’s insurance company to secure a fair settlement. If a settlement cannot be reached, they will proceed with litigation.

Determining Liability After an Unsecured Cargo Car Accident

Unsecured cargo car accidents can have devastating consequences, but the law in Florida is clear about holding negligent drivers accountable. If you’ve been injured in such an accident, don’t hesitate to seek the assistance of a car accident lawyer who understands Florida’s laws and can help you pursue the compensation you deserve.

For expert legal guidance in your car accident injury claim, contact Joe Horrox Law today. Our team of experienced car accident lawyers is here to fight for your rights and help you navigate the complexities of Florida’s legal system.

Remember, understanding your rights and having the right legal representation can make all the difference when it comes to unsecured cargo car accidents.