Stephens Law Firm | October 28, 2025 | Truck Accidents

Cargo securement failures lead to catastrophic injuries in Texas truck accidents by causing heavy, unsecured freight to shift, fall, or spill from a moving truck, creating deadly road hazards that can strike other vehicles or cause drivers to lose control.

While these incidents may seem like simple accidents, they could indicate negligence that may qualify you to seek compensation in a personal injury claim or lawsuit.

Legal insights from a truck accident lawyer who handles catastrophic injury claims can clarify the path forward, helping you understand your rights and the potential for financial recovery under the law.

When trucking companies and their employees cut corners on safety, the consequences can be devastating. Stephens Law is ready to help you pursue the maximum compensation you may be eligible for under Texas law.

Call (817) 420-7000 or message our Texas personal injury law firm online to schedule a free case evaluation exploring your legal rights and options.

  • Strict regulations apply: The Federal Motor Carrier Safety Administration (FMCSA) securement rules provide detailed requirements for loading and securing cargo. A violation of these rules is often direct evidence of negligence.
  • Multiple parties may be liable: Responsibility for an unsecured load may fall on the truck driver, the trucking company, the shipper who loaded the cargo, or even the manufacturer of defective tie-down equipment. A thorough investigation is crucial.
  • Common injuries are severe and life-altering: Accidents involving falling cargo frequently result in spinal cord injuries from truck collisions, traumatic brain injuries, amputations, and even death.
  • Texas law allows for comprehensive compensation: Catastrophic injury compensation in Texas can cover a wide range of losses, including all current and future medical expenses, lost earning capacity, and damages for pain and suffering.
  • The Texas statute of limitations is firm: Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of the accident to file a lawsuit. A lawyer can manage this deadline to protect your legal options.
  • Evidence preservation is critical: After a cargo spill or shift, crucial evidence can disappear quickly. A lawyer can take immediate steps to preserve evidence, such as logs, loading documents, and the cargo itself, which is vital for proving negligence in cargo loading.

Why Does Cargo Come Loose? Common Securement Failures in Texas Trucking Collisions

Truck Accident

A fully loaded semi-truck can weigh up to 80,000 pounds. When the cargo inside is not properly secured, the laws of physics take over, and the results can be disastrous.

The FMCSA has established detailed regulations for commercial trucking cargo to prevent these exact scenarios, but violations are unfortunately common.

Several factors contribute to cargo securement failure truck accidents:

  • Improper loading techniques: Cargo must be balanced correctly over the axles. If it is too top-heavy or unevenly distributed, the truck can become unstable and more prone to tipping over, especially on turns or ramps.
  • Inadequate or defective tie-downs: Using the wrong type of straps, chains, or binders for the specific cargo can lead to failure. Sometimes, the equipment itself is old, worn, or has manufacturing defects, making defective tie-down equipment liability a key issue.
  • Insufficient number of tie-downs: The FMCSA has specific rules regarding the number of tie-downs required, based on the cargo’s length and weight. Using too few is a common and dangerous violation.
  • Driver failure to inspect the load: Truck drivers are required to inspect their cargo before a trip and periodically during transit to check for any shifting or loosening. Failure to do so constitutes negligence.
  • Shifting cargo from sudden maneuvers: Abrupt stops, sharp turns, or swerving can cause even properly secured cargo to shift if the driver operates the vehicle recklessly.

When these failures occur, it is other drivers on the road who pay the price. A truck crash injury attorney familiar with these regulations can investigate the specific cause and identify the negligent actions that led to the accident.

The Devastating Consequences of Catastrophic Injuries from Unsecured Loads

When thousands of pounds of unsecured cargo fall from a truck or cause the driver to lose control, the resulting accidents often cause life-altering injuries. 

These are not minor fender-benders. They are catastrophic events that can change a person’s life in an instant.

Some of the most severe injuries from these accidents include:

  • Traumatic Brain Injuries (TBIs): Traumatic brain injuries caused by falling cargo can occur when heavy objects strike a vehicle or when the force of the collision causes a person’s head to hit the inside of their car. These injuries can lead to permanent cognitive and physical disabilities.
  • Spinal cord injuries: A collision with a jack-knifed truck or an accident caused by swerving to avoid fallen debris can result in severe spinal cord damage, leading to paralysis. The long-term rehabilitation for severe truck accident injuries like these is incredibly expensive.
  • Amputation injuries: In high-impact crashes, a person’s limbs can be crushed or severed. These amputation injuries in semi-truck accidents require a lifetime of medical care, including prosthetics and therapy.
  • Severe disfigurement and burns: Spilled hazardous materials can cause chemical burns, while fires after a crash can lead to severe thermal burns. The resulting scars can cause severe disfigurement and permanent disability claims.
  • Wrongful death: Tragically, many accidents involving unsecured loads are fatal. In these cases, families may pursue wrongful death claims from unsecured freight accidents to seek justice for their loss.

The immense physical, emotional, and financial toll of these injuries underscores the importance of holding negligent parties accountable.

If you are having trouble getting the insurance company or at-fault parties to pay what they may owe for their negligence, schedule a free case evaluation with the experienced Texas personal injury attorneys at Stephens Law.

Who is Legally Responsible for an Unsecured Cargo Accident?

One of the most complex parts of a truck accident catastrophic injury lawsuit is determining who is legally responsible. It is rarely just one person’s fault. 

A thorough analysis often reveals that multiple liable parties may be involved in a truck accident case. Potential at-fault parties may include:

  • The truck driver: The driver has a direct responsibility to inspect the cargo and operate the vehicle safely. If they failed in these duties, they can be held liable.
  • The trucking company: Texas trucking company liability can be established if the company fails to train its drivers properly, pressures them to skip safety checks to save time, or fails to maintain its equipment.
  • The cargo loader or shipper: In many cases, a third-party company is responsible for loading the trailer. If they engaged in cargo loader negligence, such as poor weight distribution or using inadequate blocking and bracing, they can be held liable.
  • The manufacturer of securement equipment: If a strap, chain, or binder failed because it was defective, the manufacturer could be held responsible through a product liability claim.

A catastrophic injury lawyer can untangle this web of responsibility, conduct a detailed investigation, and ensure every negligent party is held accountable for their role in causing your injuries.

Building a Case for Compensation After a Catastrophic Injury Caused By Cargo Securement Failures

doctor treating a patient after a catastrophic injury

Filing a Texas truck accident personal injury claim for a catastrophic injury requires more than just showing that the accident happened. You must build a strong case that proves negligence and documents the full extent of your losses.

This process involves several key steps:

  • Evidence preservation after a cargo spill accident. Immediately after a crash, a lawyer can send legal notices to all potential parties to prevent them from destroying crucial evidence, such as driver logs, loading manifests, maintenance records, and electronic data from the truck.
  • Accident reconstruction. Professionals can be brought in to reconstruct the accident scene to demonstrate how the cargo securement failure led to the collision.
  • Documenting all damages. A catastrophic injury claim should account for all economic and non-economic damages suffered. This includes current medical bills as well as medical expenses recovery for the future, lost earning capacity after a catastrophic injury, and pain and suffering damages.

Successfully navigating the Texas truck accident personal injury claim process is a difficult task, especially while recovering from a serious injury. 

Having a dedicated legal advocate on your side can help position you to recover the maximum compensation you may be eligible for under the law.

Catastrophic Injury Compensation After Truck Accident FAQs

What is considered a catastrophic injury in a truck accident?

A catastrophic injury has long-term or permanent effects on a person’s physical or cognitive abilities, such as spinal cord injuries, traumatic brain injuries, or amputations. A lawyer can help document the severity of your injury and pursue compensation for the extensive medical care and life adjustments required.

Who can be held responsible for a cargo securement failure?

Liability can fall on multiple parties, including the truck driver, trucking company, cargo loader, or even the manufacturer of defective securement equipment. A lawyer can investigate the accident to identify all responsible parties and hold them accountable for their actions.

How do I prove negligence in a cargo securement failure case?

Proving negligence often involves showing violations of Federal Motor Carrier Safety Administration securement rules, such as improper loading or inadequate tie-downs. A lawyer can gather evidence, such as loading records, driver logs, and expert testimony, to build a strong case.

What types of compensation are available for catastrophic injuries?

Compensation may include economic damages, such as medical expenses, lost earning capacity, and home modifications, as well as non-economic damages for pain, suffering, and loss of quality of life. A lawyer can ensure all your losses are accounted for in your claim.

How long do I have to file a claim for a catastrophic injury in Texas?

Under Texas law, you generally have two years from the date of the accident to file a lawsuit. However, acting quickly is crucial to preserving evidence and protecting your rights. A lawyer can manage deadlines and guide you through the legal process.

Why is evidence preservation important in cargo securement failure cases?

Evidence like loading manifests, maintenance records, and the condition of the securement equipment can disappear quickly after an accident. A lawyer can take immediate steps to preserve this critical evidence, which is essential for proving negligence and securing fair compensation.

A catastrophic injury caused by a cargo securement failure can leave you facing overwhelming medical expenses, lost income, and a lifetime of adjustments. 

lawyer

Taking on a trucking company and its insurers is a complex legal battle, but you don’t have to do it alone.

At Stephens Law, we work with trusted experts to build a strong case on your behalf. From identifying responsible parties to gathering critical evidence, our team is committed to pursuing the justice and financial recovery you deserve. 

Let us handle the legal complexities so you can focus on your recovery and future. Call Stephens Law at (817) 420-7000 or message our award-winning Texas personal injury law firm online for a free, no-obligation consultation. 

Together, we can work toward a resolution that provides the support and stability you need.