Liability for Crashes Caused by Truck Debris

Driving alongside semi-trucks and other large commercial vehicles has become commonplace for many of us. It’s important, however, not to become complacent around these large vehicles, which, due to their weight and size pose a very real risk to other road users. Furthermore, the risk of sharing the road with these vehicles involves more than just a chance of a collision with the vehicles themselves, but of crashes caused by truck debris. Whether caused by improperly secured cargo falling off the truck, a rollover accident and spilled cargo, or loose truck parts, truck debris is a significant hazard on Oklahoma’s roads.

Truck Debris Crashes 

Truck debris can damage vehicles that it comes into contact with and can also cause collisions. Below is a list of the most common ways that truck debris can affect road safety:

• Flying debris, with objects (tools, truck parts, or cargo) that fall from a truck striking a trailing vehicle and potentially shattering windshields, denting vehicles, and even penetrating the interior of the car to injure occupants;
• Tire blowouts, with the shredded rubber acting as a heavy projectile, causing damage to the undercarriage, windshield, and hood of nearby vehicles;
• Obstructed roads, with large debris, like fallen cargo or truck parts, creating obstacles in the roadway that drivers must swerve around to avoid, potentially colliding with other vehicles while attempting to do so;
• Spills, which can occur when a truck that is transporting liquids rolls over or is improperly loaded, with the spill creating a slick surface that can obscure the road and cause other vehicles to lose traction and drivers to lose control of their cars;
• Evasive maneuvers by other drivers, who, when serving to avoid truck debris could end up colliding with other cars or barriers; and
• Chain reaction accidents, with one driver’s response to a road hazard, like truck debris, leading to a multi-vehicle collision.

All of these scenarios can result in serious property damage and significant injuries to unsuspecting road users. Fortunately, even if a truck itself didn’t collide with a victim, the injured party could still recover compensation from the at-fault trucking company.

Liability for Truck Debris-Related Accidents 

Determining liability for a truck debris accident can be complicated, but in most cases, fault lies with one or more of the following parties:

• The truck driver and trucking company if the vehicle’s cargo wasn’t loaded, secured, or inspected properly;
• The truck’s owner if the debris was the result of a failure to maintain the truck by checking the tires or other vehicle parts for wear and tear on a regular basis;
• The truck or parts manufacturer if the debris originated from a defect in the truck’s components; or
• A third party shipping company if it was responsible for improperly loading the cargo.

In some cases, more than one of these parties can be held liable for an accident. This, however, will depend on what is deemed to be the ultimate cause of the crash.

Contact Levinson Law, P.C. Today 

At Levinson Law, P.C., our experienced Tulsa trucking accident lawyers are dedicated to helping accident victims injured in all types of truck crashes, including those caused by debris. If you were involved in such a collision, we want to help. Call us today at 918-492-4433 to set up a meeting with our legal team.

Sources:

 koco.com/article/oklahoma-city-crash-highway152-traffic/60743939

fox23.com/news/debris-from-dump-truck-smashes-womans-windshield-on-highway/article_31ee7b24-e30e-11ed-847d-274b6a19e901.html