When was the last time you intentionally changed lanes on the highway to avoid a commercial truck? It is actually a safe move to steer clear of commercial vehicles, especially those trucks with open flatbeds. Flying debris from trucks presents a genuine danger for every car on the road. How dangerous is this issue?
Data collected by the National Highway Traffic Safety Administration (NHTSA) finds that there are around 730 people killed and another 17,000 injured because of objects on the road. The majority of those objects come from unsecured cargo.
Every car accident involves some level of investigation. An accident caused by flying debris can be incredibly challenging to prove. That is when you need the help of experienced truck accident attorneys like the Prochaska, Howell & Prochaska LLC team. We have been helping the victims of accidents from flying debris for over 40 years. During your initial consultation, we can provide answers to help you make an informed decision about your next move to pursue compensation.
If we agree to work together, we’ll conduct a thorough investigation that begins by tracing the fallen debris back to its source.
Causes of Falling Cargo and Flying Debris
There are all kinds of commercial trucks carrying a wide array of cargo across Kansas every day. The majority of that cargo is delivered safely, but it only takes one piece of unsecured debris to end in tragedy. The Topeka Capital-Journal reported about a woman who was killed when large metal pipes came loose from a truck on Interstate 70 near Topeka.
That is just one of many examples of these types of accidents. How do these accidents happen? Your accident investigation will look at the following factors:
Equipment Malfunctions
A truck driver is responsible for inspecting their loads before the start of any trip. The Federal Motor Carrier Safety Administration (FMCSA) has very clear cargo securement rules that every driver and loader must adhere to. There are several equipment options for securing cargo, including the following:
- Wedges
- Tie-downs
- Webbing
If any of those securement equipment items fail during transit, the cargo can become loose and spill off the truck.
Improper Stacking
The more you can pack into a truck, the more you can save on transportation costs. That is the prevailing wisdom for many fleet operators. However, there are some companies who try to push those limits into the danger zone by stacking cargo too high. That can create an imbalance. If a truck takes a sharp turn or steep incline, improperly stacked cargo can shift and cause a rollover or spillage.
Determining Liability
A lot of “hands” get involved in packing up a truck. Some of those workers load and inspect the cargo before it goes on the road. Others make the orders that set up the conditions for potential accidents. When you take a look at the totality of an accident, the truck driver, the truck company, and the cargo loaders could all be held liable for the accident.
There is also the issue of liability with non-commercial vehicle drivers. According to NHTSA, a staggering 81% of crashes involve unsecured loads on passenger vehicles. Even though no federal regulation requires drivers to cover cargo with tarps, there is a Kansas state law that “requires all vehicles be constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom.”
A pickup truck with loose items in the flatbed or a car with items tied to the roof could cause problems if those items disengage while driving. In those instances, the driver of the vehicle would be considered liable for any injury or property damage that resulted from flying debris.
There are also instances where you might swerve to avoid debris that fell off a truck that is long gone. As part of their investigation, your attorney can gain access to surveillance video or dashcam footage from passing cars that could determine where the debris came from.
The attorneys at Prochaska, Howell & Prochaska LLC have a network of dedicated investigators who have years of experience looking into these accidents. If you’ve been the victim of this type of accident, you owe it to yourself to set up a consultation today to explore all your available options for seeking compensation.
