In a Tractor Trailer rollovers, who is to blame is frequently a major issue. Federal regulations generally require the driver to bear responsibility for the loading, and faulty loading, of the trailer. However an exception is made for loads that are sealed. www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.asp Who then is responsible? Generally speaking it is the company that loaded and sealed the trailer. Frequently these companies point at the driver and blame him for excessive speed and allege this is the real cause of the collision. While this may be a cause in wrecks, there are a number where the driver is as much of a victim as any other innocent party and, it is the company that improperly loaded the trailer who is truly at fault.
In 2002 new rules on securing cargo were adopted that went into effect Jan 1, 2004. www.fmcsa.dot.gov/rules-regulations/truck/vehicle/cs-policy.htm The new rules require motor carriers to change the way they use cargo securement devices to prevent articles from shifting on or within, or falling from commercial motor vehicles. The changes may require motor carriers to increase the number of tie-downs used to secure certain types of cargo. If you have a case where a truck rolled over, or material fell off of a truck. these rules would also apply to those companies loading and sealing trailers. It is critical that experts be retained as soon as possible to determine if a cargo securement issue is involved in a collision, and to determine who is at fault for the improperly loaded trailer.