By Larry Weisberg on February 2nd, 2016
Across the country, commercial trucks haul $671 billion worth of cargo each year. In Pennsylvania, freight flow in 2013 amounted to 954.8 million tons. Textiles, leather and base metals accounted for the largest amounts of freight shipped from the state while electronics, pharmaceuticals and motor vehicles were the types of cargo most commonly driven into Pennsylvania.
Cargo is a big part of the Pennsylvania economy, and truck drivers typically travel over the state’s 119,936 miles of public roads and 5,151 miles of freight roads without incident. However, each year, accidents occur because of loose or incorrectly secured freight and cargo.
Trucks carrying loads of cargo are a necessity for the economy, but they also pose a danger to other drivers on the road. If lumber, gravel, electronics, rocks or other debris spill from the truck, you could be injured in several different ways:
- The debris could spill out on the road, causing you to run over it and puncture your tires, which can lead to an accident.
- Cargo can fall from the truck in front of you onto your windshield or car, obstructing your view and causing a crash.
- Cargo may fall from a truck onto the road in front of you, causing you to swerve out of the way and potentially cause a collision.
Are There Laws in Place?
Pennsylvania has rules about securing cargo, and most of these rules are outlined under the regulations of the Department of Transportation in Harrisburg, PA. The regulations are part of The Pennsylvania Code, containing all the rules, regulations and related documents from the state government from 1968 through the most recent modifications and changes.
As part of code 4903 of these regulations, both commercial carriers and light trucks need to ensure cargo is correctly secured. If you drive a truck and are carrying anything, you must secure it properly to prevent any debris or parts of the cargo from spilling and causing harm to others.
If you’re transporting loose material by truck, code 4903.1 of the same Pennsylvania law also requires you to use a tarp, canvas or other type of cover approved by the Department of Transportation. The tarp must be secured, so none of the cargo can escape and so the tarp itself cannot come loose.
A few vehicles are exempt from these laws. For example, Pennsylvania Department of Transportation (DOT) trucks and other trucks that are used to fix or salt the roads may spill water, abrasives and salt during their work. Trucks carrying livestock or poultry are also exempt if feathers or animal matter fall on the road. In some instances, trucks involved in the mining or construction industries may be exempt from the tarp rule.
For everyone else who isn’t covered by these exemptions, if cargo is spilled by a truck, the truck driver is responsible for getting it cleaned up in a “reasonable” amount of time. Forgetting to secure cargo correctly and not using a tarp when required may also lead to fines and charges.
Have You Been Injured by Cargo on the Road?
If you have been injured because of spilled debris, you may choose to file a civil lawsuit against the truck driver, their insurance company and potentially the truck company involved. If you think you may have a case, contact Weisberg Cummings, P.C. for a free consultation. Our free case analysis can help you understand whether or not you have a claim.