Who is liable for an accident caused by part falling off a truck?

When road debris causes an accident, there may be a number of factors involved. The debris may be the result of a failure to secure a load. It can also be due to negligent road maintenance or driver's negligence. In any case, a victim of a resulting accident may receive compensation from whoever is at fault in the specific situation.

Failure to Secure Load

In the case of a failure to secure a load which subsequently causes an auto accident, several parties may be held responsible. A driver who fails to secure a load, loses part of the load or fails to retrieve the fallen debris is liable for the damages his inaction causes. In some cases, the company who employs the negligent driver and owns the truck may also be held liable under the theory of vicarious liability. 

Negligent Road Maintenance

The municipal or private entity responsible for maintaining roads may be held liable for failure to do so. One of the entity's responsibilities is ensuring that there is no debris in the road which may cause an accident or pile up.  In this case, the length of time the debris is on the road is a determining factor in establishing the entity's negligence. For example, a piece of debris that falls off a truck that immediately causes an accident will be the fault of the road maintenance crew. However, if the debris has been on the road for a period of time after the entity or city has been notified will make the entity liable for any accident that occurs a substantial time after notification.

Driver Negligence

Even if there is debris on the road, a driver unrelated to the debris may be held responsible for actions that lead to an accident including driving too fast for conditions and hitting the debris where a more cautious driver would have been able to avoid the debris and thus avoid an accident.

Talk with an attorney to discuss who may be liable for an accident caused by a load falling onto the road.