A truck carrying almost anything on a California route can become a hazard. An item in the truck bed or in a trailer can hop out and strike someone’s hood or windshield. A loaded truck could also leave debris in the road, for oncoming motorists to strike, perhaps as part of a multi-car accident.
It’s a frightening sight to see stuff like rocks or branches flying towards your car. If you escape injury, you may still have a dented vehicle. And figuring out who can be held responsible can be difficult when you see the driver racing away.
There are several California laws that hold truck drivers and normal drivers responsible when they don’t secure the items they’re carrying. There are also ways to try to track down a driver or a business that should help you pay for recovery.
California Laws Addressing Secure Loads on Highways
California Vehicle Codes (CVC) make it clear that drivers hauling anything have a responsibility to ensure that the cargo stays in place. CVC also goes into how all drivers must stop when they realize they’ve caused damage or an accident.
CVC 23114. details how items should be secured by drivers and businesses who transport goods. It also addresses the transport of aggregate material and how truck beds and trailers should be sealed so that materials cannot trickle out. Aggregate material can be coarse-to-fine granular materials like granite and sand.
(a) Except as provided in Subpart I (commencing with Section 393.100) of Title 49 of the Code of Federal Regulations related to hay and straw, a vehicle shall not be driven or moved on any highway unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle.
(b) (1) Aggregate material shall only be carried in the cargo area of a vehicle. The cargo area shall not contain any holes, cracks, or openings through which that material may escape, regardless of the degree to which the vehicle is loaded, except as provided in paragraph (2).
CVC 23115. Explains how items like garbage, recyclables, and other items must be completely covered when hauled.
“(a) No vehicle transporting garbage, swill, used cans or bottles, wastepapers, waste cardboard, ashes, refuse, trash, or rubbish, or any noisome, nauseous, or offensive matter, or anything being transported for disposal or recycling shall be driven or moved upon any highway unless the load is totally covered in a manner that will prevent the load or any part of the load from spilling or falling from the vehicle.”
CVC 20001. goes into the duty of any driver who causes an accident to stop when it’s realized. Following this vehicle code would help drivers avoid strong hit-and-run punishments.
The California DMV’s Commercial Driver Handbook goes over some other safety guidelines for those who haul loads for a living. But many of the tips can be of use to all drivers hauling any items, or even moving.
- Check the cargo routinely by finding a safe place to park and getting out of your vehicle. The handbook recommends that commercial drivers inspect their loads within the first 50 miles of their trip.
- Re-Check. Re-check the cargo and securing devices again within the first 3 hours of the trip or 150 miles.
Steps to Take to Identify a Commercial Truck Dropping Debris
If a pick-up carrying furniture for a move drops a chair onto your vehicle, that driver may be long gone when you pull over to check the damage. A truck driver may drop a log onto your windshield and cause you to hit another vehicle. They may be miles down the road before you think to get a description of the vehicle.
In some cases, drivers who drop debris don’t even know they’ve done it. But if vehicles get smashed or people in other cars get hurt, their insurers should be paying recovery costs.
That can’t happen unless investigators can find the driver or truck driver responsible. Thankfully, there are steps to take to boost your chances of finding the culprit:
- Contact 911. If you or anyone else is hurt, request an ambulance.
- Take out pen and paper or write a note on your phone about what you remember about the vehicle, the trailer, or the driver. The color of the truck. A partial license plate number or the state the plate is from.
- Give police or the CHP full details about what happened. Officers have access to resources that can help. They might utilize traffic cams, USDOT registration data, and dash cams to identify a driver, and even track the truck that may be far ahead at this point.
- Take pictures of the damage to your vehicle and any debris and markings left on the road.
- Get witness contact information and ask them if they happen to have dash cams.
- If you are on a city street, note if businesses or homes nearby have surveillance cameras that may have caught what happened.
- Contact a lawyer if you’ve been seriously injured. A lawyer can be a major help in an investigation and can even turn evidence over to police to help track down a responsible driver or business. Evidence will be key to earning the support you need to pay for expensive recovery bills.
Contact a California Car Accident Lawyer
After a car accident involving a serious injury, you should take advantage of a free case consultation with a real California Car Accident Lawyer. Schedule your free case review as soon as possible.
Let us go over what your case is worth and how to best hold a car or commercial truck insurance company fully accountable. If we can help you earn more, you don’t have to worry about how you’ll afford an experienced lawyer. Maison Law doesn’t get paid unless we bring home a settlement for you. Then our fee comes out of the settlement check an insurer is forced to write for you.
