You know that scene in Final Destination 2 when all the logs fall off that truck and a horrifying chain of events ensues?
New Line Cinema via quickmeme.com
Luckily, in real life, fate isn’t out to get us the way it was for the folks in those terrible movies. But the roads can still be a pretty dangerous place, and most people are bound to feel anxious driving behind or next to a truck or trailer with a dubiously secured load.
If you’re driving and something falls off a nearby truck or trailer and hits your car, it can be difficult to determine who, if anyone, is at fault and whether you’re entitled to any compensation. To help point you in the right direction, the following are a few instances in which the other driver would be responsible for damages to your car and/or injury to you.
Failure to adequately tie down items
If the driver of a truck or a vehicle with a trailer attached hasn’t properly tied down the items he or she is transporting, those items can all too easily become projectiles on the road. Think of all the times you’ve seen a couch or a mattress on the side of the road—what if you’d been driving behind that car when the furniture fell off? It could seriously damage your car and could even land you in the hospital—and the other driver would be at fault.
Improperly tarped or covered loads
Similarly, if a driver fails to adequately tarp or cover his or her load, it could spell disaster for other drivers on the road. For example, if a trailer loaded with trash bags wasn’t properly tarped, the driver behind it could be in for a dangerous avalanche of garbage. And swerving or slamming on your brakes to avoid the disaster might only lead to a pile-up.
Exceeding carrying capacity limitations
A truck or trailer with a load that exceeds carrying capacity limitations can cause a whole host of problems. A load that’s too heavy can lead to tire blowouts, which in turn can cause major accidents. The brakes on a trailer can also be compromised if a load is too heavy (the heavier the load, the more braking distance is required), which can also lead to potentially deadly accidents.
Improperly maintained vehicles and equipment
It is every driver’s responsibility to ensure that his or her vehicle and any equipment being used along with it—such as a trailer—is in good working order. For example, if the tailgate on a dump truck doesn’t latch, debris such as rocks could be unleashed on the road—and your windshield. Or if a truck or trailer’s signal lights are either not working or not visible, other drivers on the road may not be aware that it’s changing lanes or coming to a stop, and a major accident could result.
What to do next
If your car has been struck by something that’s flown or fallen off a truck or trailer or you’ve been in an accident with an improperly maintained vehicle:
- Try your best to note the truck and/or trailer’s license plate number (particularly if they’re driving off, unaware that you’ve been hit).
- Contact the police and make a report.
- Call The Law Firm Attorney.
Turn to The Farah Law Firm
If you believe you’ve been the victim of a negligent driver, contact the auto accident attorneys at The Farah Law Firm today. We have attorneys based in Arlington and the Dallas-Fort Worth area to help with your auto accident case. We’ll review your case and help ensure you receive any and all compensation that you’re entitled to.
Remember: Hit Happens. We’ll Hit Back for You!