July 10, 2018
Who’s Responsible for Crashes Caused by Falling Truck Debris?
When a truck accident comes to mind, collision is normally the first thought; however, an equally dangerous threat looms above your head. Falling debris and cargo from trucks can cause serious accidents, injuries, and even deaths. In the event of a falling truck debris accident, it can be challenging to pin exactly who’s responsible; however, with the right information and help from our Atlanta commercial truck accident lawyers, you can get the justice you deserve.
Reasons Truck Debris Falls
The number one reason truck debris falls is because of improper securement. Large tractor-trailers, especially if they’re speeding, may swerve or shake while going around tight turns. If this happens, multiple pieces of cargo may dislodge from the truck and fall onto the road. The debris may strike vehicles, create road blocks, or cause accidents.
Types of Truck Debris
Truck debris varies depending on what is being hauled and where in the country the trucks are going. The most common forms of truck debris are:
- Car parts
- Household goods
- Raw materials like lumber or sheet metal
- Rocks or dirt
- Residential contractor equipment
A single item of debris can have devastating consequences for a smaller vehicle on the road.
Determining Who’s Responsible for Falling Truck Debris
Determining who is at fault with this type of accident can be both difficult to prove and complicated. A variety of factors often come into play. If the driver is to be held responsible, you will need to prove their negligence. If the trucking company should be held responsible, some proof might include the duty of care and how it was breached based on the lack of safety handling of the truck or cargo.
There are strict regulations set in place by the Federal Motor Carrier Safety Administration and the state of Georgia regarding the safe and proper securement of cargo on large trucks. These guidelines are designed to ensure weight loads are balanced and to keep cargo from shifting while in transit.
If investigations uncover that the tractor-trailer did not comply with state or federal safety regulations, a number of parties may be held legally responsible.
When debris falls off a truck and causes an accident, personal injury and property damage is likely to occur. It is imperative to know who is accountable for damages and injuries, as they should be held responsible. If you find yourself in a situation like this in Georgia and are seeking support, contact us.