If you drive a car, you’ve probably seen it happen (or you’ve seen the aftermath). A mattress, a piece of furniture, a chunk of metal, a huge box or some other large object falls off a moving truck (or the object is lying on the side of the road). What happens when the stuff that fell off the truck hits a car or a pedestrian or a bicyclist, causing a wreck and injuries? Is the truck responsible?
Yes, in New York State the trucking company and the trucker are responsible for a car wreck caused by something that falls off the moving truck.
Imagine the damage those things (mattress, furniture, metal, huge box or some other large object, etc.) could do if you were unlucky enough to be behind a truck that loses that load. Whether it’s tons of pipes, tools, pieces of garbage, or construction material flying off a commercial truck, if it causes an accident, the trucking company and its driver can be held legally responsible for the resultant damage and injuries.
A trucker’s safety obligation goes beyond safe driving. Truckers are required to secure their loads for the safety of pedestrians, bicyclists and other drivers. A failure to do so can result in a finding of negligence, making the truck legally responsible for the harm it has caused.
The truck company cannot escape responsibility by putting a sign on the back of the truck that warns drivers to keep a distance, perhaps claiming that the truck company will not be responsible for any damage caused by falling debris. Such a sign does not change the fact that the trucking company was responsible for reasonably and properly securing what it is hauling. Common sense, no?
So if you or your passengers are injured by reason of a truck’s flying debris, immediately contact the police and gather as much information as possible. For example, you will want to write down the name of the truck company, the signage on the tractor/trailer/cab of the truck, and the truck number if possible. Make careful note of the time and location where it happened, and get the names and contact information for any witnesses to what happened. Also take plenty of photographs of your car, of the truck, of the debris and of the surrounding area.
Then, after giving priority to everyone’s medical situation and necessary medical care, you should file a claim right away with your own insurance company. Under the laws of New York State, it is your car insurance company that will pay for necessary hospital and medical care. Finally, as soon as possible so that all filing deadlines are protected, contact an experienced personal injury attorney to pursue your legal claim for your injuries, medical expenses, damages, pain and suffering.
