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Every year, serious accidents happen when improperly loaded cargo shifts in the trailer or on a flatbed and causes loss of control by the driver or the cargo falls off causing catastrophic accidents and injuries form the cargo traveling like a runaway missile at traveling at 50 -75 mph down the highway, often with deadly results. At the Willis Firm we represent the seriously injured involved in serious truck wrecks caused by negligent truck operators, trucking companies and loaders for improperly secured freight, speeding, reckless driving and other accidents.

Attorney David P. Willis, a Board-Certified Personal Injury Trial Lawyer (Certified by the Texas Board of Legal Specialization since 1988) and a licensed attorney with 40+ years of courtroom experience, leads our truck accident litigation team. He’s also a former attorney for the Texas Supreme Court, bringing elite-level legal insight to every claim involving negligent loading, cargo shifts, and liability disputes after serious truck crashes.
A load shift occurs when freight inside a trailer or on a flatbed trailer moves unexpectedly. This sudden shift of weight can throw off the truck’s balance, causing jackknifes, rollovers, loss of control, or cargo spills onto the highway. These accidents often involve multiple vehicles and result in major injuries or fatalities.
Load shifts are preventable — and usually caused by one or more of the following:
When cargo shifts, panicking can make it worse. Common mistakes include:
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One of the most dangerous forms of cargo movement is liquid surge — the wave-like motion of liquids inside a tanker trailer. Unlike boxed freight that stays in place, liquids move freely inside the tank, especially if it’s not completely full. When a driver brakes, accelerates, or turns, the liquid can surge forward, backward, or sideways. This sudden shift in weight can cause the trailer to fishtail, jackknife, or roll over — even if the truck was being driven cautiously.
To reduce surge, many tanker trailers are built with baffles — internal walls with holes that slow the movement of liquid. Baffles help break up the wave effect, stabilize the load, and give drivers more control. But not all tankers have baffles. Some loads — like food-grade products or hazardous materials —may require smoothbore tanks, which are more prone to dangerous surge.
Surge-related crashes are often the result of inadequate training, missing baffles, or improper load levels. When these wrecks occur, the carrier, shipper, and sometimes the tank manufacturer may all be held accountable. Understanding liquid dynamics and using the correct equipment is essential for preventing deadly tanker crashes and protecting everyone on the road.
Preventing a load shift isn’t just about protecting the trucker — it’s about protecting every vehicle sharing the road. A single loose strap or poorly balanced pallet can turn a routine haul into a disaster. The Federal Motor Carrier Safety Administration (FMCSA) mandates strict cargo securement standards for a reason: they save lives. But regulations are only effective if trucking companies, drivers, loaders, and brokers all take their responsibilities seriously. Whether you’re driving a dry van, a flatbed, or a liquid tanker, these best practices can prevent catastrophic accidents, shield your company from lawsuits, and most importantly — get everyone home safe.
When load shift accidents happen, they often trace back to simple errors in securement, inspection, or driving habits. The good news? These mistakes are preventable. Here’s how truckers and carriers can dramatically reduce the risk of load shift crashes.
FMCSA regulations (49 CFR §393.100–136) lay out the minimum number and type of securement devices required for different types of cargo — but minimums aren’t always enough.
Flatbeds hauling pipe, lumber, or steel coils require:
Dry vans and refrigerated trailers (reefers) require:
Securement must prevent movement in all directions: forward, backward, sideways, and vertically. Anything less may not hold under real-world driving conditions.
Proper weight distribution matters just as much as tight securement. Even a perfectly strapped load can cause a wreck if it’s unbalanced.
Common mistakes include:
Drivers should demand weight tickets and verify axle weights before departure. Freight should be spaced out evenly and braced to stay that way. A heavy bundle shifting even a few feet can turn a safe trailer into a deadly hazard.
Many crashes could be prevented if drivers took an extra 10 minutes before departure to inspect load securement. A proper pre-trip check includes:
Drivers have the right to refuse a load that appears unsafe. Carriers should empower — not punish — drivers who speak up about securement issues. In court, a skipped inspection can spell disaster for both driver and carrier.
Even the best load securement can fail under extreme driving forces. That’s why smooth operation is critical once you’re on the road. Key habits include:
Carriers should provide training on defensive driving and emphasize that early delivery is not worth a rollover. Smooth driving protects both cargo and lives.
All freight is not created equal. Knowing the type of cargo you’re hauling — and how it behaves — can prevent deadly mistakes.
A seasoned driver studies the load type before driving and adjusts their technique accordingly. A smart carrier documents load characteristics in dispatch notes and trains drivers on behavior-specific risks.
Multiple parties may be legally responsible when a load shift causes a wreck — and liability often extends far beyond just the truck driver.
1. Truck Driver
Drivers are required to inspect cargo before hitting the road. If they skip pre-trip checks, overlook loose securement, or fail to stop and re-secure a shifting load, they may be held partially liable — especially if they accepted a clearly unsafe trailer.
2. Trucking Company
Carriers have a legal duty to train drivers on FMCSA securement rules and to audit their compliance. If a trucking company pressures a driver to “just drive” despite a known loading issue, that’s grounds for corporate liability.
3. Shipper or Warehouse Loader
Under FMCSA regulations (49 CFR § 392.9 and § 393.100), those who load freight — including dock workers and third-party logistics providers — can be directly liable if the load was poorly secured or dangerously balanced.
4. Freight Broker
If a freight broker hires a low-rated or unvetted carrier and a load shift causes injury or death, courts may hold them responsible. Brokers are not immune from liability when their negligence contributes to an unsafe shipment.
Each case depends on the facts — but when a load shifts, the entire chain is investigated
Truck drivers injured in rollover or jackknife truck crashes caused by shifting cargo may be entitled to more than just workers’ comp. They can file third-party lawsuits against negligent shippers, warehouse loaders, or even brokers if improper securement caused the crash. These claims can seek compensation for pain and suffering, future medical needs, and lost earning capacity.
Other motorists injured in multi-vehicle pileups often pursue claims against the trucking company, the driver, and anyone involved in loading or securing the freight. If a defective strap, chain, or securement system failed, the equipment manufacturer may also face liability under product defect or design failure theories.
In fatal load shift crashes, families may bring wrongful death lawsuits to hold all responsible parties accountable. These cases often involve multiple defendants and require deep investigation into shipping records, FMCSA compliance, and inspection logs.
Truck drivers injured in rollover or jackknife truck crashes caused by shifting cargo may be entitled to more than just workers’ comp. They can file third-party lawsuits against negligent shippers, warehouse loaders, or even brokers if improper securement caused the crash. These claims can seek compensation for pain and suffering, future medical needs, and lost earning capacity.
A steel coil fell off a flatbed and crushed a pickup. Jury found the shipper and driver both liable for improper securement.
A driver sued when a fuel tanker rolled due to missing baffles. The carrier and manufacturer settled after a strong expert witness explained liquid surge dynamics
A broker hired a low-rated carrier who had repeated securement violations. A catastrophic crash led to a $6M settlement against both the broker and the carrier.
Experienced legal teams work to identify all responsible parties and policies.

Load shift accidents are among the most catastrophic — and most preventable — crashes involving large commercial trucks. When freight isn’t secured properly, the consequences can be deadly. One overlooked strap, a missing baffle, or a poorly balanced trailer can trigger a rollover, jackknife, or multi-vehicle collision in seconds.
Preventing these tragedies requires more than basic FMCSA compliance — it demands accountability from every party involved: drivers, carriers, loaders, brokers, and manufacturers. When someone fails to do their part, innocent people pay the price.
At the Willis Firm, we work with injured victims and grieving families to uncover what went wrong — and to pursue every responsible party under state and federal law. Whether you’re a driver injured due to a negligent shipper or a motorist hurt in a highway cargo spill, you have rights.
If a load shift caused your injury or your loved one’s death, you may be entitled to significant compensation. Don’t wait. Get legal help today from Willis a Texas Board-Certified Personal Injury Trial Lawyer with over 40 years of experience helping victims in Texas and across the nation.
Call Us at 1-888-LAW-2040 for a free case review. No fees unless we win.
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