When objects fall from vehicles, the owner or operator of the vehicle may be at fault and liable for injuries and property damage.
The general law of vehicles carrying objects is that no vehicle can drive or move on any road or highway while carrying objects unless the automobile is constructed in covered in a way to prevent its load from dropping, sifting, leaking from the vehicle. Generally, there are two theories that are used to successfully recover for a claim for injuries caused by objects falling from vehicles but the most prevalent involves:
People injured as the result of an accident caused by objects falling from vehicles may be able to recover if he or she can show that the object fell due to negligent loading or negligent handling of the car. Objects that are not secure should have been tied down by the operator of the vehicle to prevent the cargo from falling off of the vehicle.
Duty of Care: The driver of the cargo carrying the load or cargo had a duty to protect other drivers around him by covering and preventing the load or cargo from falling on other cargoes and pedestrians on the road
Breach of Duty: The driver of the car breached the duty by not covering his or her car or truck
Causation: The driver of the vehicle’s breach of duty was the cause of the accident or injury
Damages: The plaintiff suffered damages that was directly or indirectly from the falling object from the automobile
Does a Motorist Have a Duty to Avoid a Falling Load?
No. The driver of a vehicle is under no duty to take precautions to avoid an accident caused by the fall of the load of another vehicle. Unless there is some warning that the load is in danger of falling and the motorist had appropriate time to react.. Motorists have a duty to other drivers to drive safely to prevent them from crashing into others.
Should I Consult with an Attorney?
If you have been involved in an accident caused by an object falling from a automobile, you should contact Sgro & Roger today for a free consultation at 702.384.9800.