In the trucking industry, properly securing cargo is crucial for safety. Loose or incorrectly fastened loads can cause serious accidents that harm the driver and everyone sharing the road. To prevent injuries, fatalities, and road hazards, federal and state regulations require strict standards for how freight must be secured during transport.
However, violations of these rules are still common. Rushed loading, old equipment, or simple mistakes can lead to securement failures and dangerous accidents. It is essential for drivers, carriers, and legal teams to understand these frequent violations and their consequences. When securement failures cause crashes or legal issues, a firm like Shipman & Wright LLP can help investigate liability and assist victims or companies with the legal process.
Straps That Snap, Chains That Fail: The Risk of Worn Equipment
The gear used to secure cargo—chains, straps, winches, ratchets—must be in top working condition. However, roadside inspections often uncover securement tools that are frayed, cut, rusted, or otherwise compromised. In many cases, these pieces of equipment have been reused beyond their service life, compromising their strength and reliability under load tension.
When a worn strap breaks and causes cargo to spill or shift, liability almost always falls on the carrier and driver for failing to maintain equipment. Regulatory fines are just the beginning. If injuries or fatalities result from such an event, civil lawsuits—and even criminal charges—can follow. Proactively inspecting, replacing, and retiring worn securement devices is one of the simplest, yet most neglected, safety measures.
Improper Load Distribution: A Hidden Threat
While visible securement is often checked during inspections, poor weight distribution is harder to detect but equally dangerous. Loads that are top-heavy or improperly centered can cause instability, especially during turns, braking, or uneven road conditions. When weight isn’t distributed evenly, it increases the risk of rollovers and load shifts—even if the securement devices themselves are intact.
This violation is especially concerning in multi-stop deliveries where partial unloading can throw off balance mid-route. A single miscalculation in how the load is arranged can lead to an accident miles down the road. In crash investigations, forensic teams often evaluate the role of weight distribution, and carriers can be held liable for failing to train loading personnel or for ignoring driver concerns about balance.
Missing or Inadequate Tie-Downs: Small Oversight, Big Impact
One of the most basic rules in cargo securement is ensuring that the number of tie-downs used meets federal minimums based on the size and weight of the cargo. However, drivers and loaders sometimes overlook these requirements in an effort to save time—especially on short-haul trips. The result is a dangerously under-secured load.
The problem is compounded by assumptions that heavy items “won’t move” or that one extra strap isn’t necessary. But in the event of a sudden stop or swerve, improperly secured items can become deadly projectiles. Investigators can quickly calculate how many tie-downs should have been used—and use that information to determine negligence.
Failure to Use Edge Protection: Damaging the Load and the Law
When heavy, sharp-edged cargo like steel, lumber, or concrete is secured with straps, edge protection is essential. Without it, the edges can cut into the securement devices, weakening them during transit. FMCSA regulations mandate the use of edge protection whenever contact with the cargo could damage the securement system.
Neglecting edge protection can lead to catastrophic failure mid-route, even if all other aspects of the load were compliant. This oversight not only endangers the cargo and public but can also void insurance coverage if the damage was avoidable. It’s a prime example of how one small omission can have serious financial and legal implications.
Securing Loose Items: When the Small Stuff Matters Most
It’s not just the big loads that cause issues. Loose items like tarps, toolboxes, dunnage, and spare parts can come loose and fly off during transit. These unsecured objects can cause accidents, property damage, or even injuries to pedestrians and other motorists. Despite their size, they are subject to the same securement expectations.
A single forgotten bungee cord or unfastened ladder can result in fines, citations, and lawsuits if an accident results. These incidents may seem minor at first but are often held up in court as evidence of general carelessness—a red flag that the rest of the truck’s securement may also have been neglected.
Ignoring Load Checks: A Violation That Builds Over Time
FMCSA regulations require drivers to inspect their cargo and securement devices at specific intervals—typically within the first 50 miles of a trip, then every 150 miles or three hours thereafter. Skipping these checks is a violation in itself, and more importantly, allows small problems to worsen without correction.
These inspections are not merely procedural; they can prevent major disasters. Road vibrations, wind, and sudden stops can loosen straps or shift cargo. If a driver can’t show that load checks were completed, they may be seen as negligent in the event of a crash—even if the original securement was correct.
Overlooking Specialized Securement for Unique Cargo
Not all freight is the same. Some cargo, like heavy equipment, machinery, logs, or vehicles, needs special securement methods based on federal guidelines. Using standard methods to secure this type of cargo is not only against the rules but also very dangerous.
When these types of loads shift or come loose, the damage can be severe. Investigators will check if the securement method was appropriate for the cargo, and failing to follow the required standards can result in serious penalties and lawsuits. Carriers may also suffer damage to their reputation, which can impact future contracts and inspections.
The Legal Fallout: Violations That Follow You Off the Road
Securement violations don’t just happen on the road; they can also affect drivers and carriers in court. After an accident, lawyers for plaintiffs often check if any FMCSA securement rules were broken. If they find violations, they may argue that the crash could have been avoided and was caused by careless or reckless behavior.
These arguments can be convincing during both settlement talks and trials. Repeated violations may lead to higher insurance costs, audits by the DOT, and lower safety ratings on public records. In severe cases, failing to secure loads can result in civil penalties and criminal charges, especially if it leads to deaths.
