Who Is Liable for a Loose Cargo Truck Crash on a Texas Highway?

 Posted on September 05, 2025 in Truck accidents

Texas highways like I-10 and I-35 are busy corridors for commercial trucking. With so many tractor-trailers carrying heavy loads through the state every day, improperly secured cargo is a serious safety risk. 

Loose cargo spilling onto the road can cause devastating multi-vehicle accidents. Victims can end up with severe injuries, major financial losses, and questions about who should be held responsible. If you or a loved one has been hurt in a crash because unsecured cargo spilled into the road, talk to a New Braunfels, TX truck wreck attorney as soon as possible to understand your options.

What Causes Loose Cargo Accidents?

Loose cargo accidents happen when the load that a truck carries is not properly secured or distributed. Sometimes, cargo falls directly onto the highway, leaving other drivers no way to avoid crashing into it. In other cases, a load shifts inside the trailer, causing the truck to roll over or jackknife. Overloaded trucks may also become unstable, making it difficult for the driver to stay in control.

Federal law requires trucking companies and drivers to follow strict load securement standards. The Federal Motor Carrier Safety Administration (FMCSA), under 49 CFR Part 393, sets detailed rules for how cargo must be secured. When these rules are not followed, the other drivers on the road are at risk.

Who Is Legally Liable for Loose Cargo Crashes in Texas?

Liability for a loose cargo accident depends on who was responsible for loading, inspecting, and operating the truck. Potentially liable parties may include:

• Truck drivers who failed to inspect their load before getting on the road

• Trucking companies that pressured drivers to cut corners or ignored safety rules

• Warehouses or third-party loaders, if outside contractors improperly secured the cargo

• Manufacturers of defective tie-downs, straps, or other equipment that contributed to an accident

Multiple parties can share responsibility, making these types of cases complicated. A thorough investigation may identify all potential defendants so they can be held accountable.

How Does Modified Comparative Negligence Impact Texas Truck Accident Cases?

In Texas, liability is determined based on modified comparative negligence, under Texas Civil Practice and Remedies Code § 33.001. This means an injured person who shares some blame for an accident can still recover damages as long as they are not more than 50 percent at fault. Their recovery is reduced by their percentage of fault. 

For example, if a victim is found to be 10 percent responsible for an accident because they were speeding at the time of the crash, their compensation will be reduced by 10 percent. This makes it critical to work with an attorney who can push back against attempts by trucking companies and their insurers to shift blame onto victims.

What Should You Do After a Loose Cargo Truck Accident?

After a crash involving loose cargo, call law enforcement to document the scene. If possible, collect contact information for any witnesses who can provide statements later if needed, and photograph or record the roadway, vehicles, and spilled cargo. 

Even if your injuries seem minor, see a doctor right away to protect both your health and your legal claim. Most importantly, contact a truck wreck attorney before talking to an insurance company. 

Contact a New Braunfels, TX Loose Cargo Accident Lawyer

Loose cargo crashes can change lives in an instant. At The Bettersworth Law Firm, our Gonzalez County, TX personal injury attorney brings more than 25 years of experience handling complex commercial vehicle accidents. We have recovered millions for our clients and we approach every case with both aggressive advocacy and compassionate guidance.

If you were hurt in a cargo-related truck crash, call us at 830-606-0404 to schedule a free consultation so we can build a strategy aimed at securing the compensation you need and deserve.