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Unsecured Load & Cargo-Shift Claims: FMCSA §393 Evidence That Cracks Liability (Photogrammetry + Weigh-Station Records)

Unsecured Load & Cargo-Shift Claims: FMCSA §393 Evidence That Cracks Liability (Photogrammetry + Weigh-Station Records)

Who it’s for: Texans hurt when cargo fell, spilled, or shifted from a truck.
When to read: Right after a crash—or any time you suspect the load wasn’t secured.
What you’ll learn: How FMCSA §393, photogrammetry, and weigh-station/inspection records turn a “no-one’s-at-fault” story into a clear, provable trucking negligence case.

Why unsecured loads are a big deal in Texas

On Texas highways, a poorly secured load can be as dangerous as a drunk driver. The law doesn’t leave it to guesswork: federal rules in 49 C.F.R. Part 393, Subpart I require motor carriers and drivers to secure cargo so it doesn’t leak, spill, blow, or fall. If cargo moves—even inside a trailer—the truck must still meet minimum performance standards for tie-downs and blocking. Those obligations are black-and-white, not optional. (eCFR)

Texas adds its own teeth. Transportation Code Chapter 725 requires loose material to be covered and prohibits spillage from non-load-carrying parts (think: tailgates and wheel wells). Violations support negligence and negligence-per-se theories when that failure contributes to a crash. (Texas Statutes)

What §393 means for your case:

Pro tip: FMCSA guidance clarifies that §393.100 is not the only securement rule; carriers must also comply with §392.9 (driver duty to secure/inspect) and the rest of Subpart I. That widens your evidentiary lane. (FMCSA)

Photogrammetry: turn photos into measurements the defense can’t dodge

Photogrammetry is the science of extracting accurate measurements from photos and video. In unsecured-load cases, we use it to:

How it works in practice:

  1. Gather images: bystanders’ phone photos, dashcam, nearby business cameras, and responding officers’ scene shots.
  2. Calibrate the images: use known dimensions (lane width, sign posts, trailer door height, standard pallet size) as scale references.
  3. Map vectors: determine strap angles and distances; model the tie-down system’s capacity.
  4. Overlay the scatter field of cargo and debris to show how far and in what pattern items traveled—classic signs of load shift or ejection.

You don’t need to be an engineer to benefit from this. Done right, photogrammetry creates clear visuals a jury understands.

Weigh-station & inspection records: a paper trail that proves the pattern

Texas DPS Commercial Vehicle Enforcement (CVE) and partner agencies perform roadside and weigh-station inspections. Reports can document cargo-securement violations, out-of-service orders, and prior warnings against the same carrier or even the same unit—gold for showing notice and a pattern. (Texas Department of Public Safety)

Three places we look:

  1. CVSA Inspection Levels (I–VI). Level I and II inspections include cargo securement checks. If a truck failed recently, that’s highly probative. (cvsa.org)
  2. FMCSA SAFER/Company Snapshot. Provides inspection counts and out-of-service rates; it helps show whether a carrier systematically cuts corners. (FMCSA)
  3. Texas Public Information Act requests to DPS. We request the Driver/Vehicle Examination Report and scale tickets tied to your crash date, unit, and DOT/plate—all discoverable evidence. (Texas Department of Public Safety)

Why it matters: If inspection history reveals repeated securement issues, you can build negligent entrustment/supervision/training claims and support punitive-damages theories where appropriate.

What evidence wins these cases (checklist)

Liability targets (more than just the driver)

How we use photogrammetry in plain English

Imagine your SUV was struck after a flatbed’s coils slid forward during hard braking. The defense says, “The driver did everything right; this was unavoidable.” With photogrammetry, we:

  1. Scale the photos using the trailer’s known 102-inch width.
  2. Measure strap angles to calculate their combined working-load capacity versus the coils’ weight.
  3. Map the coils’ final positions to show movement greater than what compliant securement would allow.
  4. Overlay inspection history showing prior securement citations for the same carrier the month before. (FMCSA, cvsa.org)

Result: a simple graphic that tells the story—rules were broken, and that caused your injuries.

Quick actions after a cargo-shift or fallen-load crash

  1. Photograph everything (wide, medium, close-ups), including straps, winches, anchor points, torn tarps, spilled material, and debris spread.
  2. Get unit identifiers (tractor & trailer plates, USDOT & MC numbers).
  3. Note nearby weigh stations or recent inspection stops—we’ll request logs and reports fast. (Texas Department of Public Safety)
  4. Preserve your vehicle for inspection (don’t repair or total out before documenting impact marks and debris).
  5. Call counsel early to send preservation letters for ELD, dashcam, DVIRs, bill of lading, securement policies, and training files.

Common defense arguments—and how we counter them

Internal resources to go deeper

Outbound authoritative reference (for readers & search engines)

(Bonus authority, if you want the Texas angle: Texas Transportation Code Chapter 725 on covering loose material.)(Texas Statutes)

Why call Ryan Orsatti Law now

Unsecured-load cases move fast. Carriers cycle units, replace straps, and “lose” paperwork. We lock down evidence early—photogrammetry, weigh-station records, DVIRs, ELD data, and training files—so you don’t get stuck with a he-said/she-said.

Free, no-pressure consultation.
Ryan Orsatti Law
4634 De Zavala Road │ San Antonio, TX 78249
T. 210.525.1200

This post is for general information only and is not legal advice. Every case is different. Speak with a Texas attorney about your specific facts.