When an object suddenly tumbles off a truck right into your car, you’d be right to feel it’s something you simply couldn’t avoid. Then again, if something fell off a truck and hit your car, it can also be because the load was not properly secured. Unfortunately, you’ll probably be dealing with severe property damage and unexpected injuries.
In this guide, we take an in-depth look at what happens legally after part of an unsecured load falls off a truck or van and hits you. We’ll discuss who may be liable for your damages and if you can claim compensation.
Why Are Unsecured Loads So Dangerous?
The force of impact from an object hurtling off a truck at highway speeds is enormous, regardless of its size. Whether it be a heavy toolbox or a piece of lumber, the projectile can breach your windscreen and even damage the structure of your vehicle.
The falling cargo will naturally cause you to swerve or brake, creating a chain reaction of collisions as other drivers react. Such an event is unexpected, and when it occurs in heavy traffic, the risk of serious injury and substantial property damage is high.
What California Law Says About Securing Loads
In California, Caltrans truck safety requirements and Federal cargo-securement rules require that loads on trucks or smaller commercial vehicles be secured to prevent leaks, spills, or falls from the vehicle. It’s vital to restrain loads with made-for-purpose straps, chains, netting, or rope. California regulations also state that “all loads shall be secured against dangerous displacement either by proper piling or other securing means,” which is set out in the California Code of Regulations, Title 8, Section 3704. Smaller, loose items must have decent covers or tarps fastened properly to keep them safely on the vehicle.
Who Is Liable When an Object Falls Off a Vehicle?
The investigation into liability usually starts with the truck driver, but it doesn’t end there. Depending on how the cargo was loaded and who controlled the truck, multiple parties can share responsibility.
Common liable parties include:
- The driver is responsible for properly securing the load. If they failed in this duty and the cargo shifted, or their negligent driving caused an object to fall off, they could be liable.
- The driver’s employer or the vehicle owner, particularly when the truck or van is on the road for company errands, business, or commercial deliveries.
- Cargo loaders or logistics and shipping companies that didn’t stack the cargo properly and used insufficient tie-downs.
- If a product failure of chains, straps, tie-downs, and other securing devices caused objects to fall off a truck, manufacturers of the fasteners contributed to the load coming loose and could be held responsible.
- Sometimes, road debris that government entities or property owners didn’t clean or remove within a reasonable time is also liable.
California uses an at-fault system (also called the tort system). This system means the company, entity, or person whose negligence caused an object to fall and cause a crash is typically responsible for property damage and injuries.
How Comparative Negligence Can Affect Your Claim
California follows a pure comparative negligence rule, which means you can still recover compensation even if you weren’t at fault. But your payout will be reduced by the percentage of responsibility you hold. For example, if an item fell off a truck and hit your car because you were following too closely behind a vehicle with an obviously unsafe load, an insurer or court might say you were 20% at fault for driving too close. If your total damages were valued at $50,000, your recovery would be reduced to $40,000 to account for that 20% share of fault. A lawyer can help push back against unfair attempts to blame you for an accident primarily caused by falling cargo.
I Can’t Identify the Vehicle That Lost the Object. Now What?
Your car could be struck by an object that seemed to come out of nowhere. It’s very possible that you didn’t see the truck or its driver clearly, let alone the license plate. The driver didn’t notice something falling off and sped off as if nothing happened. You’ll be relieved to know that even in such circumstances, you may have options to recover your damages.
Possible solutions include:
- Use the collision coverage on your own policy to pay for repairing your vehicle.
- Rely on uninsured/underinsured motorist (UM/UIM) coverage if the driver who dropped the object can’t be identified or doesn’t have insurance.
- Use police reports, witness statements, surveillance footage, and dashcam recordings to try to identify where the fallen object came from.
These cases can get messy, and finding proof could take time. Regardless, use your phone to take pictures and video of the scene, the damage to your car, any other involved parties, and anything else that may help clarify what happened. Even if you don’t know which vehicle dropped the object, that does not end the matter. Our experienced team of attorneys has investigative tools specifically designed to track down commercial vehicles after the fact.
What Damages Can You Recover After a Falling Object Accident?
You’ll probably be dealing with property damage and injuries when hit by a falling object. The law makes it possible for you to go after compensation for injuries and property damage, depending on the details of your case.
Property Damage
Property-related compensation can include:
- Costs of repairing your vehicle.
- Replacement value if the car is totaled.
- Damage to personal items inside the vehicle, such as phones, laptops, or child car seats.
- Diminished value if the car is repaired but loses value because of its accident history.
- Towing, storage fees, rental car costs, and other transportation expenses.
Personal Injury Damages
If you were physically harmed:
- Medical expenses for emergency care, follow-ups, rehabilitation, and any required future treatment.
- Lost wages if you miss work, and reduced earning capacity if your injuries affect your ability to work long-term.
- Pain and suffering and emotional distress.
- Compensation for permanent disability or disfigurement, where applicable.
In tragic cases where a falling object or debris crash is fatal, surviving family members may also be able to pursue wrongful death damages.
Over the years, HHJ Trial Attorneys has repeatedly held negligent drivers and companies accountable for serious injuries caused by their unsafe driving. In one recent commercial vehicle case, the team tried the matter to verdict and secured more than $10 million from a Ventura County jury after proving that a company driver’s illegal U‑turn caused catastrophic spinal injuries; the case ultimately resolved for a $7.5 million settlement.
What to Do Immediately After an Accident Involving a Fallen Object
Nothing should take preference over your safety. What you do after getting your vehicle, yourself, and your passengers to the side of the road away from oncoming traffic, you can do the following, if you are able:
- On busy highways, staying inside the vehicle is often safer than standing outside, unprotected. If there are injuries, call 911 and law enforcement.
- Take photos or video of the scene, including the object that struck you, skid marks, damage to your vehicle, and conditions around the scene.
- If you can, photograph the truck or vehicle that lost the item; snap a photo of the license plate, company logo, and other identifying markings.
- Get the names and contact details of witnesses who saw the accident.
- Keep all medical records and bills.
- Don’t give a recorded statement to anyone. Statements are for your lawyer. Especially avoid conversations with insurers (even your own) before speaking with an attorney.
The more detail you collect early, the easier it is to show what happened and who was responsible. You don’t have to worry about money; HHJ Trial Attorneys work on a contingency fee basis. That means you don’t get an invoice. We collect a percentage of your payout only if we win your case.
How Long Do You Have to Bring a Claim?
You have less time than you may think to act. In California, you have a two-year window to file a personal injury claim after a car wreck, and three years for property damage. Sounds like plenty of time, right? It isn’t.
The real conundrum is when a government entity is involved. Say a city truck dropped the cargo, or Caltrans left dangerous debris on the freeway for days. In those cases, the rules change completely. You usually have to file a formal notice of claim within just six months. Miss that deadline, and your case will be over even before it starts.
Even if you think you have plenty of time, evidence like roadway debris, camera footage, and witness recollections becomes harder to obtain as weeks and months pass. It’s usually wise to talk with a lawyer soon after an item fell off a truck and hit your car, to preserve important evidence.
How a Car Accident Lawyer Can Help After an Unsecured-Load Crash
Accidents caused by objects falling off vehicles can be more complicated than typical collisions. Fault may involve several parties, and the driver who dropped the cargo may be difficult to identify.
At HHJ Trial Attorneys, we will take the following steps to assist you:
- Investigate how the object fell and who was responsible for loading and securing the cargo.
- Gather and preserve evidence, such as photos, dashcam footage, company records, and loading or maintenance logs.
- Identify every potentially liable party, including drivers, employers, cargo companies, manufacturers, property owners, or government agencies.
- Calculate property damage and personal injury losses, including future medical needs and diminished vehicle value.
- Handle communications and negotiations with insurers, including your own carrier if you need to rely on collision or UM/UIM coverage.
- File a lawsuit and take the case to trial if a fair settlement isn’t offered voluntarily.
If something falls off a truck and hits your car, you don’t have to figure everything out on your own. Speaking with an experienced, award-winning attorney at HHJ Trial Attorneys will help you understand your options, protect your rights, and pursue the compensation you need to move forward. Call us today.
