You get a call from your client. The goods arrived damaged, wet, or incomplete. The first question that comes up is: who is responsible for this? The answer depends on several factors — and if you don't know them before it happens, the chances of recovering anything are low.

How common is damage in ground freight?

More common than it seems. Most minor incidents — impacts, broken packaging, small shortages — are not formally reported because the process seems complicated or because the amount doesn't justify the effort. But when the damage is significant, the lack of prior documentation turns a logistical problem into a legal dispute with no clear resolution.

In Mexico, the legal framework governing carrier liability for ground freight is the Ley de Caminos, Puentes y Autotransporte Federal and, in a complementary manner, the Código de Comercio. Both establish the conditions under which a carrier is responsible for the goods in its custody.

Who is responsible when cargo arrives damaged?

The carrier

In general terms, the carrier is responsible for the goods from the moment it receives them until it delivers them at the destination. This includes damage due to improper handling, accidents during transit, theft, or total loss.

However, this responsibility has limits and exceptions that are important to know:

Liability has a legal cap. In Mexico, the Ley de Caminos, Puentes y Autotransporte Federal establishes that the carrier's maximum compensation is equivalent to the declared value of the goods on the bill of lading. If you did not declare the value correctly — or if you did not declare it at all — the amount you can claim is limited.

The carrier is not liable for damage caused by the shipper. If the packaging was inadequate, if the cargo was not properly stowed, or if the handling instructions were incorrect, the carrier can argue that the damage was caused by the shipper itself.

It is also not liable for force majeure events. Accidents caused by extreme weather conditions, road blockades, or security situations beyond its control may exempt the carrier from total or partial liability.

The shipper

The shipper — that is, the company that contracts the transportation — is responsible for the packaging, the correct declaration of the contents and value of the goods, and special handling instructions. If any of these elements fail, the shipper's legal position is considerably weakened when filing a claim.

Cargo insurance

In most cases, cargo insurance coverage is what ultimately resolves the financial dispute. The carrier's insurance covers its legal liability — not necessarily the full commercial value of your goods. If you want complete coverage, you need to purchase your own cargo insurance policy as the shipper.

The most common mistakes that leave the shipper without protection

Failing to document the condition of the cargo at the time of delivery

The bill of lading and the delivery receipt are the key documents. If the recipient signs without noting any observations about the condition of the goods, it is understood that they were received in satisfactory conditions. That signature can close the door to any subsequent claim.

The instruction is simple: if there is visible damage at the time of receipt, it must be noted on the delivery document before signing. If the damage is internal — not visible from the outside — the claim must be made within the timeframe established in the contract, generally between 24 and 72 hours.

Failing to correctly declare the value of the goods

The Carta Porte must include the declared value of the goods. If that value is incomplete, underestimated, or left blank, the maximum compensation amount is reduced proportionally. It is a frequent and costly mistake.

Not having your own cargo insurance

The carrier's insurance covers its liability, not the value of your goods. Purchasing cargo insurance as a shipper is the only way to have full coverage over the commercial value of what you are moving.

Failing to review the liability clauses in the contract

Many transportation contracts include liability limitations that go beyond what the law establishes. If you don't read them before signing, you find out when there is nothing left to do.

What to do the moment you discover the damage

Document everything before moving the goods. Photos and video of the condition in which they arrived, from different angles, before unloading or handling the cargo. This evidence is the foundation of any claim.

Note the observations on the delivery document. Before the driver leaves, record the visible damage on the receipt. Have it signed by both parties if possible.

Notify the carrier and your insurance company immediately. Claim deadlines are short. In some contracts, they are 24 hours for visible damage and up to 7 days for concealed damage. After that period, the claim can be denied regardless of how clear the damage is.

Keep all documentation. Bill of lading, invoice for the goods, photos, delivery receipt with observations, and any communication with the carrier. Everything is part of the claim file.

Initiate the formal process with your insurance company. If you have your own cargo insurance, this is the time to activate it. Your insurance company can handle the claim with the carrier while you focus on resolving the impact with your client.

How to prevent it before it happens

The best defense is prevention. These are the concrete actions that reduce the risk of damage in ground freight:

Adequate packaging for the type of transportation. Packaging for ground freight has different requirements than air or sea freight. Vibrations, sudden braking, and temperature changes along the route are factors that must be considered when designing the packaging.

Correct declaration of value and contents. Both on the Carta Porte and in the transportation contract. Without this correct information, legal protection is minimal.

Purchase cargo insurance as the shipper. Not delegating this coverage to the carrier is the most important decision you can make to protect the value of your goods.

Work with carriers that have documented handling procedures. A serious operator can show you their stowage protocols, the types of units they use for each type of cargo, and how they manage incidents when they occur.

Establish clear handling instructions in writing. If your cargo is fragile, perishable, high-value, or requires special conditions, those instructions must be in the contract and in the documentation for each shipment — not just in a phone call.

The key is to act before, not after

Most problems with damaged cargo are resolved poorly because the shipper did not have the correct documentation, had not declared the value, did not have their own insurance, or waited too long to file the claim.

At Control Terrestre, we work with documented handling protocols, appropriate units for each type of cargo, and support in the event of incidents. Because when something goes wrong, speed and documentation are what make the difference.

Do you have questions about how to better protect your cargo in transit? Request a quote or subscribe to our newsletter to receive practical content on ground logistics every week.