Road Debris Damage: Who’s Liable When Objects Fall From Trucks?

When driving on the highway, encountering road debris is not only a nuisance but can also be incredibly dangerous. When flying debris hits your car, the immediate concern is safety, but the next logical step is determining liability for the damage caused. Understanding who is responsible when an object falls off a commercial truck involves navigating various legal principles and regulations. This process can be daunting without proper knowledge, as multiple parties may be involved, and the intricacies of the law can be challenging to decipher.

By knowing your rights and the responsibilities of commercial truck operators, you can take the necessary steps to seek compensation and hold the negligent parties accountable. In this article, we'll discuss the key aspects of liability in these cases, the parties that may be held responsible, and the steps you should take if you find yourself in such an accident.

Who is Responsible for Road Debris Damage?

Commercial truck drivers are required to secure their loads properly to prevent items from falling off and becoming hazardous road debris. If a driver fails to adhere to these regulations and debris falls off their truck, causing damage, the driver can be held liable for negligence. For instance, if a driver neglects to check that their cargo is secured properly and a piece of equipment falls off, the driver's negligence would be apparent. In such cases, affected parties can file a road debris insurance claim against the driver.

Trucking companies are also responsible for ensuring that their trucks are safely loaded and maintained. If an object falls off a truck due to improper loading or failure to maintain the vehicle, the trucking company can be held liable. For example, if a trucking company fails to train its drivers on proper cargo securing techniques and objects fall off a truck, causing damage, the company can be held responsible for the resulting damages. Victims of such incidents can pursue legal action against the company to recover costs associated with the damage.

In cases where a third-party company is responsible for loading the cargo onto the truck, they can be held liable if the load was not secured properly. Other parties that may share the responsibility for such damages include maintenance providers and manufacturers. If improper maintenance contributes to objects falling off trucks, the company responsible for maintaining the truck can also be held accountable. In rare instances, if a manufacturing defect in the cargo securing equipment caused the debris to fall off, the manufacturer of the defective equipment might be liable.

What to Do if Flying Debris Hit My Car?

If you find yourself in a situation where flying debris hits your car, it is crucial to take the following steps to protect your rights:

Seek medical attention
Document the scene
Collect witness information
Report the incident
Contact a truck accident attorney

Remember, insurance companies may not have your best interest in mind. What you need is an advocate who will fight for your rights. The advantages of hiring a truck accident attorney include obtaining expert guidance through complex legal processes ensuring proper documentation and evidence collection. Further, an attorney specializing in this area of law can effectively negotiate with insurance companies, maximizing the compensation for your damages and injuries.

By understanding the principles of negligence, victims of road debris incidents can better protect their rights and pursue appropriate compensation. If flying debris hits your car, seeking legal assistance is crucial to ensure the responsible parties are held accountable.

Involved in a Trucking Accident in North Hollywood or Granada Hills?

Since 1998, Yepremyan Law has helped thousands of clients recover millions of dollars. As an established North Hollywood law firm, we represent clients throughout Southern California. If you need legal help, contact our office to speak with one of our North Hollywood truck accident attorneys or request to be connected to a personal injury attorney in Granada Hills.

Yepremyan Law Firm provides 24/7 support and offers free case evaluations. Our attorneys work on a contingency basis for all personal injury matters. This means we only receive compensation if and when your case has been won or settled—no recovery, no fee.

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