Load Shift Accidents: The Overlooked Cause of Many South Carolina Trucking Incidents

The sight of an 80,000-pound commercial truck on a South Carolina highway like I-26 or I-95 commands attention. Most drivers are aware of the obvious risks—speed, blind spots, and the potential for a tired operator behind the wheel. Yet, one of the most significant dangers is entirely invisible from the outside: the cargo secured within the trailer. When this cargo is improperly loaded or secured, it can shift during transit, transforming a routine trip into a catastrophic event in a matter of seconds.

These incidents, known as load shift accidents, are a frequent but often misunderstood cause of devastating truck wrecks. They present complex legal and technical challenges that differ greatly from a typical car accident.

What Exactly Is a Load Shift Accident?

A load shift accident occurs when the freight inside a semi-truck’s trailer moves, slides, or falls, causing a sudden and severe imbalance. Every commercial truck has a specific center of gravity that is essential for its stability. When thousands of pounds of cargo shift unexpectedly, that center of gravity is violently altered.

This can lead to a chain reaction of devastating events:

Rollover Accidents: The sudden imbalance can cause the entire rig to tip and roll over, often crossing into oncoming lanes of traffic.
Jackknife Accidents: A driver may lose control while trying to correct for the shift, causing the trailer to swing out and fold in toward the cab at a sharp angle, resembling a closing pocketknife.
Lost Loads: The force of the shifting cargo can break through the trailer doors or walls, spilling heavy materials directly onto the roadway and into the path of other vehicles.
Loss of Control: Even if the truck does not roll or jackknife, the sudden change in dynamics can make the vehicle impossible to steer or brake effectively, leading to collisions.

The core issue is a failure to properly immobilize the freight against the powerful forces of acceleration, braking, and turning that are a normal part of any transport operation.

Why Does Cargo Shift Inside a Commercial Truck?

Freight does not move on its own. A cargo shift is almost always the result of a human error or equipment failure somewhere in the supply chain. A thorough investigation often reveals one or more of the following causes:

Improper Loading and Weight Distribution: Placing too much weight on one side of the trailer, too high up, or too far forward or back can make the entire vehicle inherently unstable.
Inadequate Securement: Using too few tie-downs, employing worn-out or damaged straps and chains, or failing to use proper blocking and bracing techniques to prevent movement.
Failure to Follow Loading Plans: Many types of cargo have specific, detailed diagrams for how they must be loaded. Ignoring these plans is a direct act of negligence.
Using the Wrong Equipment: Different types of cargo require different restraints. Using a strap when a chain is needed or failing to use friction mats for slick surfaces can lead to failure.
Sudden Driver Maneuvers: While sometimes necessary, actions like slamming on the brakes, taking a turn too fast, or swerving aggressively can create forces strong enough to overcome even properly secured cargo.
Equipment Failure: The anchor points on the trailer floor could be rusted or broken, or the securement devices themselves (like chains or binders) could fail due to a manufacturing defect.

What Are the Federal Rules for Cargo Securement?

To prevent these exact types of accidents, the Federal Motor Carrier Safety Administration (FMCSA) has established detailed and strict rules for securing cargo. These regulations, found in 49 C.F.R. §§ 393.100-393.136, are not suggestions; they are the law for all interstate commercial trucking.

While the rules are extensive, they are based on a few key principles:

Containment and Immobilization: Cargo must be secured to prevent it from shifting, tipping, or falling off the vehicle during transit.
Working Load Limits (WLL): All securement equipment, such as chains, straps, and binders, has a rated strength. The combined WLL of all devices used must be at least 50% of the total weight of the cargo being secured.
Proper Use of Tie-Downs: The regulations specify the minimum number of tie-downs needed based on the cargo’s length and weight. For example, an item over 10 feet long generally requires at least two tie-downs for the first 10 feet and one additional tie-down for every 10 feet thereafter.
Driver Inspection Duties: The truck driver is legally required to inspect the cargo and its securement devices before the trip begins. They must re-inspect within the first 50 miles of the trip and then again every three hours or 150 miles, whichever comes first.

These federal mandates establish a clear standard of care. A violation of these rules can serve as powerful evidence of negligence in a personal injury claim.

An example of cargo correctly braced and strapped inside a trailer according to federal safety regulations.

Who Is Legally Responsible for a Load Shift Accident in South Carolina?

One of the most complex aspects of a cargo shift case is determining who is at fault. Liability is often shared among multiple parties, and identifying each one is a vital part of a successful claim.

Potential responsible parties may include:

The Truck Driver: For failing to conduct pre-trip and in-transit inspections, for driving erratically, or for not flagging an obviously unsafe load.
The Trucking Company (Motor Carrier): The carrier is responsible for training its drivers, maintaining its trailers and equipment, and fostering a culture of safety. They can be held liable for their own negligence or for the negligence of their employee driver under the principle of vicarious liability.
The Shipper or Loading Company: The party that physically loaded the freight onto the trailer can be held liable if they created a dangerous weight imbalance, used improper techniques, or failed to adequately brace the cargo before the driver took possession.
The Freight Broker: In some instances, a third-party broker who arranged the shipment may share liability if they hired a carrier known for safety violations.
The Manufacturer of Equipment: If a tie-down strap snapped or a binder failed because it was defective, the manufacturer of that device could be held liable under product liability law.

A successful outcome depends on investigating every link in the transportation chain to identify where the failure occurred.

What Types of Injuries Are Common in These Accidents?

Because load shift accidents often result in high-impact rollovers or collisions with spilled freight, the injuries sustained by victims are typically severe and life-altering. Common injuries include:

Traumatic brain injuries (TBI)
Spinal cord damage, leading to paraplegia or quadriplegia
Internal organ damage and severe bleeding
Multiple bone fractures and crush injuries
Amputations
Wrongful death

The long-term physical, emotional, and financial toll of these injuries can be immense, requiring a lifetime of medical care and support.

How Is a Load Shift Accident Investigation Different?

Investigating a cargo shift accident requires a rapid and highly technical response. Unlike a standard car wreck, the most important evidence is not just at the crash scene; it is also found in company records and the physical equipment involved.

Key investigative steps include:

Immediate Evidence Preservation: Sending a spoliation letter to the trucking and shipping companies to legally demand they preserve the truck, trailer, all securement devices, and the cargo itself for inspection by experts.
Analysis of Company Documents: Obtaining and reviewing the bill of lading, weight tickets, driver logs, dispatch instructions, and post-crash inspection reports.
Downloading Electronic Data: Securing data from the truck’s electronic control module (ECM), or “black box,” to analyze the driver’s speed, braking, and steering inputs just before the crash.
Hiring Industry Experts: Retaining engineers and cargo securement specialists to inspect the evidence and provide expert testimony on how the loading and securement process violated federal standards.

This evidence is essential for building a case that can stand up to the vigorous defense of corporate legal teams.

What Kinds of Compensation Can Victims Recover?

Victims of a load shift accident in South Carolina are entitled to seek compensation for the full range of their losses. A settlement or verdict should account for all damages caused by the negligence of the at-fault parties.

This compensation, known as damages, can include:

Economic Damages: These are the tangible financial losses with a clear monetary value.

All past and future medical expenses
Lost wages and income
Loss of future earning capacity
Property damage to your vehicle
Rehabilitation and therapy costs

Non-Economic Damages: These are intangible losses related to the human impact of the injuries.

Pain and suffering
Emotional anguish and mental distress
Loss of enjoyment of life
Scarring and disfigurement

Punitive Damages: In rare cases where the defendant’s conduct was found to be willful, wanton, or reckless, a jury may award punitive damages. These are intended not to compensate the victim but to punish the wrongdoer and deter similar conduct in the future.

What Steps Should You Take After a South Carolina Truck Accident?

The actions you take in the immediate aftermath of a collision with a commercial truck can protect your health and your legal rights.

Prioritize Safety and Medical Care: Call 911 immediately. Report the accident and request emergency medical services. Get a full medical evaluation, even if you do not think you are seriously hurt.
Document the Scene: If you are physically able, take photos and videos of everything. Capture images of the truck, its position, the spilled cargo, your vehicle, skid marks, and the surrounding area.
Gather Witness Information: Get the names and phone numbers of any other drivers or bystanders who saw what happened. Their testimony can be invaluable.
Report the Accident: Cooperate with the responding police officers and ensure you get a copy of the official police report.
Decline to Give a Recorded Statement: Do not speak to any insurance adjusters or representatives for the trucking company before you consult with an attorney. Do not sign any documents they present to you.
Contact an Experienced Truck Accident Attorney: The legal and technical issues in a load shift case are significant. You need an advocate who can launch an immediate investigation and protect critical evidence before it disappears.

Contact Peake & Fowler for Help with Your Truck Accident Claim

If you or a family member has been injured in a collision caused by shifting cargo or any other form of trucking negligence, you should not have to face the consequences alone. The legal team at Peake & Fowler has the resources and knowledge required to conduct a thorough investigation, identify all liable parties, and pursue the full compensation you need to rebuild your life. We are committed to holding negligent companies accountable and fighting for the justice our clients deserve.

To discuss your case in a confidential consultation, please call our office at 803-788-4370 or complete our online contact form.

(803) 788-4370