Who is Responsible If Debris Falls Off a Truck and Hits My Car?

It is not uncommon for something to fall off a truck and cause damage to another vehicle on the road. Unfortunately, these incidents can lead to serious injuries and costly repairs. If you’re hurt in Missouri by debris falling off truck traffic, you need to take timely steps that would help protect your legal right to seek legal recovery.

At Devkota Law Firm, we have decades of experience advocating for the rights of clients injured by various accidents. We understand the toll falling debris takes on victims in the face of debilitating pain and suffering, piling medical bills, and costly repairs. A truck accident lawyer will analyze your claim as per the FMCSA regulations to build a winning case.

Common Types of Debris That Fall off Trucks

Truck debris can range from small objects to large items that can cause severe damage. Common types of debris that can fall off trucks include:

• Loose tires. Often, improperly secured or worn-out tires can detach from trucks, posing a significant risk to vehicles behind them.
• Natural gas. Trucks carrying natural gas can pose severe risks if containers are not properly secured. A falling natural gas container can lead to explosions or fires, causing extensive damage and serious injuries.
• Construction materials. Trucks transporting construction equipment and materials such as bricks, steel beams, and wood may lose part of their load if not properly secured.
• Furniture or household items. Moving trucks carrying household goods are often seen on highways, and any improperly secured items can easily fall off.
• Shipping containers. Commercial trucks sometimes carry large containers that could fall if not securely fastened to the trailer.
• Gravel, sand, or other loose materials. These small particles may seem harmless, but when spilled onto the road, they can lead to dangerous skidding accidents.
• Live animals. Trucks transporting livestock or other live animals can sometimes experience incidents where animals escape, leading to hazardous situations on the road. Escaped animals can cause collisions or distract other drivers, increasing the risk of accidents.
• Hazardous materials. Partly due to stricter safety regulations, collisions involving hazmat trucks are less frequent. According to the FMCSA’s 2020 truck accident statistics, only less than 1% of the 45,900 injury collisions involved hazardous materials.

Debris is not meant to be on the roads, and its sudden presence can lead drivers to overreact, swerve, and cause serious collisions. Debris falling off trucks can cause a range of injuries, depending on the size and weight of the object.

These injuries and their severity are a key consideration when computing the damages to seek. Your Missouri truck accident lawyer will assess the extent to which you’ve been injured, including the future adjustments needed in your life as a result of the truck accident.

Who Is Liable for Damage Caused by Debris From a Truck?

Determining liability in accidents involving debris from trucks can be complicated. This is because several parties could be held responsible, often involving large trucking companies.

Luckily, a truck accident lawyer at Devkota Law Firm will professionally investigate the cause of the accident to determine liability. They also know how to interpret and apply FMCSA rules to strengthen your claim. Without an attorney, you could miss out on key evidence or legal aspects that could help win your case.

Here are  some of the possible responsible parties:

The Truck Driver

Truck drivers have an obligation to secure their cargo correctly before hitting the road. If a driver fails to properly check or secure their load, they could be held liable if any part of it causes an accident. For example, if a tire falls off because the driver didn’t conduct a pre-trip inspection, they may be at fault.

The Trucking Company

In many cases, the trucking company could also bear responsibility. If the company failed to maintain the vehicle or allowed an overloaded or improperly secured truck to go on the road, they could be found liable. Missouri law holds trucking companies to strict safety standards, and violations can lead to legal consequences.

The Cargo Loading Company

Sometimes, the responsibility lies with the third-party company which loaded the cargo onto the truck. If the cargo is not adequately secured, shifts during transit can lead to dangerous spills. These companies are often required to follow FMCSA cargo securement regulations.

The Manufacturer

In cases where defective equipment, such as faulty straps or fasteners, led to debris falling from the truck, the equipment manufacturer might be liable. For example, if the straps used to secure a shipping container broke due to a manufacturing defect, you could file a product liability claim against the manufacturer.

FMCSA Cargo Securement Rules for Commercial Vehicles

The FMCSA cargo securement rules were established to enhance safety by standardizing cargo securement across North America. Introduced in 2002 and enforced from 2004, these rules aim to reduce accidents caused by shifting or falling cargo and harmonize safety standards between the U.S., Canada, and Mexico.

These rules apply to all cargo-carrying commercial motor vehicles in interstate commerce, except for bulk commodities transported in tanks or similar structures. This ensures a wide coverage of cargo types and promotes consistent safety practices across various vehicle and cargo configurations.

FMCSA regulations specify that cargo securement systems must be able to withstand:

• 0.8 g deceleration in the forward direction
• 0.5 g acceleration in the rearward direction
• 0.5 g lateral acceleration

These criteria are based on research to ensure securement systems handle the forces experienced during typical driving conditions. While general rules mandate cargo to be immobilized using robust support systems, specific guidelines address challenging cargo types like logs and metal coils.

For instance, the securement system’s working load limit must be at least half the cargo’s weight to ensure adequate restraint for all loads. Special provisions exist for unique vehicles and cargo to accommodate diverse transportation needs. Engage with your truck accident lawyer in Missouri immediately to help you interpret these laws and determine the next appropriate step.

Meet with a Missouri Truck Accident Lawyer Today

Experiencing a truck debris accident can be alarming, but knowing what to do can greatly lessen the burden. If you or a loved one has been injured in such an incident, acting swiftly makes it easier to prove liability or collect important evidence.

A Missouri truck accident lawyer from our law firm will greatly support you toward recovering from the damage caused by the accident. We will guide you through the right steps so that you don’t lose your right to pursue justice. Contact us today to book a free case evaluation.