If you have been driving long enough, you have either had a load stolen, known someone who has, or at least worried about it happening to you.
For years, the law has not kept pace with how sophisticated cargo theft has become. That is finally starting to change, and it is worth understanding what is driving it because it affects how you should be documenting your loads right now.
Cargo theft losses are estimated at roughly $18 million a day nationwide, but that number only scratches the surface. Experts believe just 10- 15 percent of cargo theft and freight fraud incidents ever come to light.
The reasons for not reporting losses vary. Many fall below the insurance deductible, making a claim not worth the resulting premium hikes. Others go unreported because carriers doubt law enforcement can recover the goods, especially when a theft isn’t discovered for weeks. Some companies simply fear that a theft on record will damage shipper relationships, even when the theft wasn’t their fault. And without a centralized reporting system, incidents easily slip through the cracks between police departments and insurers, never becoming part of any official count.
Costs are more than bottom line
A stolen load costs far more than the freight’s invoice value. Beyond the immediate loss, carriers and brokers burn hours on insurance claims, police reports, and recovery efforts that never pay off. Getting the replacement shipment out quickly often means paying premium expedited rates just to keep the shipper relationship intact. The fallout lingers,too, since insurance premiums rise, deductibles go up, and a theft on record can quietly cost future contracts.
In an industry running on razor-thin margins, one stolen load can wipe out the profit from dozens of clean runs, turning a single incident into a serious hit to the bottom line.
Can lawmakers help?
Washington is moving slowly. The Combating Organized Retail Crime Act (CORCA) passed the House in May by a lopsided 348 to 60 vote. It would create a federal coordination center inside the Department of Homeland Security (DHS), give prosecutors better tools to
combine repeated thefts into stronger cases, and expand money laundering enforcement aimed at the criminal networks behind these rings. It sounds like a clean win, and most of the trucking and retail trade groups are pushing hard for it. However, there is real friction behind the scenes now, mainly from privacy and civil liberties advocates raising concerns about how much data-sharing power this gives DHS.
No Senate floor vote has been scheduled as of the most recent reporting (early July 2026). The bill is essentially in a holding pattern, caught between industry pressure to move it and quieter friction over privacy provisions.
The good news is that the states are not waiting.
This is really where the action is right now, and it is worth knowing what is true in your state.
Tennessee enacted a new law that took effect July 1, 2026. It gives fraudulent freight theft its own legal definition for the first time. It covers things like fake identities used to grab a load, illegally rerouting freight, or handing cargo off to an unauthorized third party. It treats these actions as straightforward theft under state law. It also requires local police to actually investigate these reports as crimes, rather than waving drivers off because the theft technically happened somewhere else.
Arkansas moved earlier this year by declaring a cargo theft emergency. They added up to 10 years in enhanced penalties for organized cargo theft, with no early release on that added time.
Michigan, Arizona, and California all have bills in motion. Some create task forces, while others add stiffer penalties. None of those have crossed the finish line yet.
If you run through those states regularly, keep an eye on them because the rules could shift by the end of the year.
Due diligence is still key
Regardless of what happens, the practical advice has not changed. Document absolutely everything.
You need photos of the people you are dealing with, their license plates, cab and trailer numbers, DOT numbers, MC numbers, and anything unusual about a pickup or broker request. If a load gets diverted through fraud rather than force, documentation is often the difference between a prosecutor being able to bring charges and a case going nowhere.
New state laws give law enforcement better tools to act on reports, but they still need the reports.
The bottom line is that the legal landscape around cargo theft is shifting in your favor, but it is shifting unevenly, state by state, and on Washington timelines rather than yours.
Until the law fully catches up, your best protection is still the same good habits that hold up in any courtroom. Know who you are handing your freight to and be able to prove it.
The contents of this article are intended to convey general information only and not to provide legal advice or opinions. The contents of this article should not be construed as and should not be relied upon for legal advice in any particular circumstance or fact situation. The information presented may not reflect the most current legal developments. No action should be taken in reliance on the information contained in this article, and we disclaim all liability in respect to actions taken or not taken based on any or all of the content to the fullest extent permitted by law. An attorney should be contacted for advice on specific legal issues. To contact Drivers Legal Plan, visit www.driverslegalplan.com.
Brad Klepper is a regular contributor to The Trucker, providing valuable insights for drivers and motor carriers. He serves as president of Drivers Legal Plan, a national law firm offering discounted CDL ticket defense to members, and Interstate Trucker, a law firm providing CDL defense with no monthly fees.
