If something falls off a truck, the driver can be held liable for any damage caused to your vehicle or for any injuries caused by an impact. In some cases, that truck driver may be on the road for a business, and that employer may also be asked for financial assistance during recovery.
Unfortunately, a truck may be long gone when you ram into something left on the road, or, often worse, you swerve and hit another vehicle beside you. It can be hard to track down a responsible truck driver, but there are usually clues left behind.
If you are injured, a skilled Maison Law attorney can help you locate careless truck drivers to hold them fully liable for damages. You can figure out your best options by contacting our offices and scheduling a free case consultation. There’s never any obligation for this no-risk review of your case.
The Legal Responsibility to Secure a Load
Truck drivers in vehicles of any size have a duty to make sure any exposed item they haul is secure. The responsibility is the law, and is detailed in California’s Vehicle Codes.
The California Office of Traffic Safety (OTS) explains it further and defines a secure load as “when nothing can slide, shift, or fall onto the roadway, or become airborne.”
The OTS asks drivers to take these measures anytime they haul something:
- Cover your load with a tarp. Covering and then fastening the tarp to the vehicle with rope and tie-downs is good way to help ensure that your load won’t fall out of your vehicle.
- Tie down using rope, netting, straps, or chains. Make sure that any covering like a tarp is tied down, can’t shift, catch the wind or pop out.
- Put lighter items lower and place heavier items on top to help keep them in place.
- Don’t overload your vehicle.
- The “cram” technique also isn’t enough – tightly packed loads can still come loose
unless they’re tied down.
Truck drivers with loose cargo can be stopped and ticketed to the tune of $200 (plus expensive court fees). And when items do make it to the road, drivers and their employers may also be held liable for any smashed windshields or accidents they cause.
Liability When a Truck Leaves Something on the Road
The expectations laid out above can be ignored, and hazards can end up in the lanes. A logging truck might drop major branches. A produce truck could let a crate of peppers tumble to the road surface. It may simply be two guys in a pickup making a move across town. They can let a couch or a bed flip off a truck bed.
These household items can sit in the way until a driver approaching at freeway speeds either strikes them or veers out of the way, risking a collision with another car.
Victims in these accidents can require more than just some fender repairs. They may need help paying for weeks in a hospital, and in replacing the days at work and income they’ve missed.
A skilled California Truck Accident Lawyer would investigate these parties and others and file as many injury claims as necessary to get victims what they needed to fully recover:
- Truck driver
- Trucking Company
- Delivery Company
- Factories or manufacturers shipping out goods
- A farm owner or agricultural company
- Warehouse owners with dockworkers who pack the cargo
- State, County, or City departments sending out trucks hauling debris
The biggest obstacle for victims in many cases is tracking down the truck that dumped debris on the road. Once an accident occurs, the responsible truck driver may be miles down the road. An experienced lawyer can mount a full investigation to help track down the driver and the business responsible, and then force them to turn over recovery support.
Can I Sue a Trucking Company With a “Stay Back” Sign on Trucks?
Some trucks alert you to keep your distance. You’ll see “Stay Back” signs on the back of dump trucks and some logging trucks. They warn you to keep 100 ft or 300 ft behind, or you could get hit by debris.
These signs don’t protect businesses from liability. They provide no legal protection. If you are hit by falling rocks or limbs, you have the right to file a claim. If you smash into something left on the road, you should demand full compensation for the damage to your car and any medical bills from the injuries you’ve suffered.
When to Contact a California Truck Accident Lawyer
If debris causes you to get into an accident, but it’s only your car that’s damaged, you may not need a lawyer’s help. It’s when you suffer a serious injury that a lawyer may prove a powerful advantage. The bills will be greater, and insurance companies will fight you harder when you ask for assistance. A lawyer can help keep the blame in the right place and bring home more for you.
Contact us for a free case consultation. There’s no obligation for this meeting. And if you feel we could earn you more, there are no worries about how you’ll afford a lawyer. You only pay us if we win your case for you. Even then, our fee comes out of the settlement check an insurer must write for you.
