What should I do if an item fell off a truck and hit my car? This one might be the question lingering in your mind after a frightening and dangerous experience. Drivers in Indianapolis and throughout Indiana may face serious vehicle damage and even physical injuries when debris falls off a truck on the highway. If you’ve been affected by an incident like this, Blackburn Romey is here to help you understand your rights and options for pursuing a claim. Below, we explain the key steps to take, potential liable parties, and important considerations to keep in mind after a truck-related debris accident.
Responsibility for accidents caused by truck debris depends on multiple factors. Generally, liability may fall on the truck driver, the trucking company, or the cargo loading crew, predominantly if they failed to follow federal cargo securement regulations. The Federal Motor Carrier Safety Administration (FMCSA) requires that all cargo be properly secured to prevent it from falling onto the roadway, and non-compliance with these rules can lead to serious safety hazards for other drivers.
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A falling cargo-based accident occurs when unsecured or improperly loaded items fall off a truck, creating hazards for other motorists. These incidents can range from minor inconveniences, like small debris scraping a car’s paint, to catastrophic accidents involving large objects that obstruct traffic or directly hit other vehicles. Given the high volume of trucks on Indiana highways, these accidents pose significant risks to drivers in and around Indianapolis.
Negligence refers to a failure to uphold the duty of care required by law. For truck drivers, this includes securing their loads according to federal and state regulations, performing thorough pre-trip inspections, and addressing any visible risks that could lead to falling debris. When drivers fail to secure their cargo or neglect safety checks properly, they may be considered negligent, potentially leading to accidents caused by falling items or debris. This type of negligence can make the driver and the trucking company liable for any resulting damages.
Liability for falling debris from a truck can rest with multiple parties, depending on the circumstances. In addition to the driver, the trucking company may be responsible if they fail to enforce proper load-securement procedures. If a third-party cargo-loading company loaded the truck, they might also share liability if they did not secure the items correctly. These parties can all be held accountable under Indiana’s personal injury laws, which allow injured parties to seek compensation from those responsible for their injuries and damages.
Taking immediate steps after a truck debris accident can help strengthen your case. Here’s what to do:
Several types of debris commonly fall off trucks and cause accidents, including:
These types of items pose varying levels of risk, but all can lead to significant damage or injury if they strike a vehicle directly.
If you’ve been injured by falling debris from a truck, an experienced truck accident attorney can guide you through the legal process. At Blackburn Romey, we have a deep understanding of Indiana’s traffic and personal injury laws and can help investigate your claim, identify liable parties, and pursue compensation on your behalf. Truck accident cases can be even more complex when multiple parties are involved. An attorney can advocate for your rights and help you seek a fair recovery for your injuries and damages.
If the trucking company denies responsibility for the accident, consult with a personal injury attorney immediately. Your lawyer can gather and preserve evidence, consult expert witnesses, and negotiate with insurance companies to establish fault and pursue the compensation you deserve.
A truck driver’s logbook is a record of their driving hours, rest breaks, and cargo inspections. This document can be crucial evidence in a debris-related accident case, as it may reveal negligence, such as failure to conduct required cargo inspections or violations of driving hours. Your attorney can request this logbook as part of the discovery process to support your claim.
Yes, truck drivers can be held responsible for damages like broken windshields and personal injuries caused by falling debris, especially if they failed to secure their load properly. Depending on the details of the case, the trucking company or a third-party loader may also share responsibility for these types of damages.
If debris from a truck injured you in Indiana, Blackburn Romey can help you pursue the compensation you deserve. Call us at 833-FOR-HELP for a free consultation.
Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.
