Falling Debris

The Indiana truck accident lawyers at Parr Richey Frandsen Patterson Kruse LLP are industry leaders in personal injury litigation. Since 1899, we have established a reputation for excellence in dedicated advocacy and service. Our firm has recovered substantial verdicts and settlements for numerous truck accident victims injured by falling debris.

The trucking industry is governed by federal and state regulations that seek to minimize damage caused by falling debris. Yet countless motorists have experienced cracked windshields and even serious injuries driving behind trucks. Trucks can spill all kinds of debris and cargo, including:

• Cars
• Gravel
• Cement
• Concrete
• Crude oil
• Natural gas
• Solid waste
• Frozen foods
• Loose rock, sand
• Steel, marble, metal
• Hazardous chemicals

Materials that may not be dangerous alone can nevertheless cause damage when falling from trucks traveling at speeds over 65 mph. Some trucks have signs warning drivers to keep a 200-foot distance from the vehicle and denying liability for any damage caused by falling debris.

Many truck accidents are caused by negligent loading or securing of cargo. Depending on the load, a tarp or more sturdy material is required to prevent loose material from falling. Failing to take the proper precautions can lead to spills and falling debris, compounding already dangerous accidents involving:

• Speeding
• Intoxication
• Driver fatigue
• Talking, texting
• Lane restrictions
• Low tire pressure
• Evasive maneuvers
• Brake fading, stopping distance
• Rollovers, jackknives
• Collapsed roads, bridges
• Chain-reaction collisions
• Violations of height, weight restrictions

Sadly, the nation’s crowded highways and prevalence of trucks do not always allow drivers a full 200-foot buffer from falling debris. Even the most diligent motorists may not be able to avoid loose gravel or other items falling off of the backs of trucks that are traveling at freeway speeds.

Commercial carriers transporting goods and services within or outside Indiana are liable for the negligent acts of their employees. This includes drivers and loaders responsible for loose or unsecured cargo. All parties and contractors that contribute to the falling debris are liable for various damages including:

• Repair bills
• Lost income
• Medical costs
• Future earnings
• Funeral expenses
• Mileage, parking
• Pain and suffering
• Loss of relationship

Many injured motorists may feel like they have nowhere to turn when both truck companies and their own insurers initially deny liability for their loss following a truck accident. However, it may still be possible to secure compensation from one or both entities. An experienced attorney can dramatically improve your chances of obtaining damages after a truck accident.