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Who is Responsible When Something Falls from a Vehicle and Hits My Car?

Updated December 8th, 2022

You’ve probably come across objects left on the road, and often times those probably flew off a truck. So, what happens if something falls off a vehicle in front of you and hits your car?  Well, first off we hope nothing bad happens, but we know that isn’t always the case.

In this situation, the driver of the truck or vehicle in which the object was located in would be responsible for any property damage done to your car and any subsequent personal injuries caused to you or a passenger. This is because the driver was negligent in failing to properly secure whatever the item was that fell out, and thus, is responsible for the damage resulting from that negligence.

Surely, you have seen objects fall off someone’s car, and the person is unaware that this has occurred. What happens if that object hits your car and the other driver keeps on going, unaware of what has happened? You can still file a claim with your insurance company under your uninsured motorist coverage. Make sure you have this type of coverage as it is optional coverage and not required by law like liability insurance. The coverage should be inexpensive. With this coverage, you should get compensation for both property damages and injuries.

Also, don’t wait to file the claim. Check your policy now and see how long you have to report the incident, both to the police and your insurance company. You may not have a significant amount of time. If you don’t comply with the policy you may not get the compensation you deserve.

Comprehensive Auto Insurance Coverage

You could also look into purchasing comprehensive insurance coverage. This type of insurance is optional as well and protects your car against damage not resulting from a collision. It can include covering incidents of vandalism, fires, theft, or possibly rockslides on a mountain pass. But remember, while it’s called comprehensive, it doesn’t cover everything. It’s most likely not going to cover any collision with another car or objection, or if the vehicle rolls over. It also won’t cover stolen personal property in the vehicle, roadside assistance, towing, or a rental car. However, if this is something you are interested in, talk with your insurance company.

Objects From Commercial Vehicles

Large commercial vehicles transporting heavy debris, such as rocks or construction materials, can cause catastrophic damage to numerous drivers if their cargo load were to become dislodged. Incidents with hazardous or flammable products can result in serious injury, significant property damage, as well as death. In the event of these types of accidents there will be several avenues to explore to determine responsibility.

Multiple investigations will need to be conducted to assess the responsible parties. The initial assumption may be to claim the truck driver was negligent, but there can several factors involved. Trucking companies, as well as the driver, have a responsibility to secure the load prior to navigating any roads or interstate highways. There could be defective products on the part of the truck manufacturer, the cargo being transported, or the straps and harnessed used to secure cargo.

In particularly serious cases with multiple collisions involved, it is best to seek legal counsel. The aggrieved parties will be responsible for determining liability of holding a trucking company or other parties accountable. An experienced accident attorney will be able to investigate the incident from multiple angles and hold all liable parties responsible.

There are strict statuary laws mandating how vehicles transporting cargo on highways must secure their load so that it may be safe for travel. You can read that here, CRS 42-4-1407

Be Alert

As always, please be safe when you are out on the road. Keep your eyes scanning at all times to make sure that if an object becomes loose you are able to safely maneuver around it. However, in the case that you can’t, and you are injured as a result of that object, keep in mind that you may need an experienced attorney on your side.

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