The radio is playing your favorite song, the wind’s in your hair, the sun is shining. Then… bam! Suddenly, a piece of – something – flies off the truck in front of you, smashing into your windshield. Your heart is racing, you’re trying to stay in your lane while you realize what just happened, all while watching a crack slowly spiderweb its way across your windshield.

This terrifying scenario happens more often than people realize. And while the random stray rock is scary enough, many drivers face even worse scenarios. From falling cargo and loose gravel to an unsecured ladder or an entire shipping container, flying and falling truck debris can be a serious risk, leading to property damage, serious injury, and even fatalities on our roads and highways.

But who’s legally responsible when this happens? The truck driver, the company that owns the truck, or maybe a third-party loader? Determining liability involves an understanding of often complex state and federal regulations, negligence laws, and insurance coverage.

Flying debris is all too common on America’s roads and highways, so educate yourself on the causes and common culprits so you can hopefully avoid becoming a victim and learn what to do if you already are.

Common Causes of Flying Debris from Trucks

From loose tires to household items (and everything in between), countless types of debris can become deadly projectiles at high speeds. Most of these incidents are caused by one of the following:

• Improperly secured cargo – Failure to secure loose material – like gravel, construction equipment, even furniture – with straps, tarps, or container covers increases the likelihood these objects can become deadly hazards due to a sudden turn, high winds, or an abrupt stop.
• Truck wear and tear – Vehicle parts can deteriorate over time, especially when they’re repeatedly used with heavy loads over many miles. Whether it’s a loose mud flap, a detached hubcap, or just a rusted truck component, these parts can break away and become hazardous debris. And when trucking companies neglect routine maintenance, these trucks become even more dangerous to drivers.
• Severe weather – While it’s usually not the primary cause of accidents related to debris, weather can nevertheless be a risk factor. Strong winds can shift cargo that’s not properly secured, rain can move materials around on a truck bed, and snow and ice on trucks can cause items to unexpectedly shift.
• Negligence – By law, truck drivers must inspect their vehicles and loads before and during every trip. They also need to undergo proper training for loading and transporting various types of cargo. Unfortunately, negligence and laziness can often be blamed for a breakdown in one of these two areas, causing a potentially deadly accident.

Deciding Liability After a Debris-Related Accident

Determining legal responsibility for an accident caused by flying debris can be challenging and usually requires the expertise of an experienced attorney. Depending on the circumstances, one or multiple parties could be held liable. Often, proving liability comes down to evidence from witness statements, police and insurance inspections, and any video recordings, like dash cameras, if they exist. By gaining a better understanding of the legal context, you can more effectively seek compensation by clearly proving liability. So, who should be held responsible?

The truck driver

Drivers must ensure any cargo is properly secured before they hit the road. However, if the driver neglects to perform the routine inspection, including checking all straps, covering loose materials, and following the required safety checklist – or knowingly operates a truck with deteriorating or defective parts – they may be held responsible for any accidents that negligence caused. The courts often look at whether the driver followed the established protocols and whether their carelessness directly contributed to the accident.

The trucking company

If the trucking company fails to enforce the proper policies around securing cargo, or if they don’t conduct regular vehicle maintenance or conduct adequate training for its drivers, that company may be found liable in the event of an accident. And when drivers are employees of the trucking company (instead of working as independent contractors), the company may also be held responsible for their actions.

The third-party company or loader

If a faulty truck component – a defective tire or faulty trailer hitch, for example – contributes to or causes an accident, the manufacturer of that particular part may be liable. Similarly, any maintenance provider who doesn’t properly repair a truck could be held liable for any accident caused by a mechanical failure.

Seeking Legal Help After an Accident Caused by Flying Debris

If you’re the victim of an accident caused by debris falling from a truck, you may be facing costly damages — from vehicle repairs, rental car fees, medical expenses and even lost wages from time away from work.

Consider contacting Kane Personal Injury to help you navigate the overwhelming legal landscape. One of our experienced truck accident lawyers can help decide who should be held responsible for the accident, and our legal experts can analyze police reports, any video footage, and other evidence to build a strong case for you. We can also negotiate with insurance companies to ensure you receive fair compensation and help you understand all your options for making a claim.

We have years of experience investigating accidents caused by flying debris and building the best possible case for our clients. To learn more about how we can help, contact us for a free, no-obligation consultation so you can get back on the road to recovery.