When we think of motor vehicle accidents, we most often picture collisions between vehicles. But that is not always the case. Sometimes, a collision happens between a vehicle and cargo that has fallen from another vehicle. In this type of collision, known as a falling cargo accident, the vehicle the cargo fell from may not sustain any damage. Its driver might not even realize cargo has fallen.
Fallen cargo frequently creates an obstacle or dangerous condition in a roadway. A collision between a vehicle and the obstacle can cause significant damage to the vehicle and life-threatening injuries to its occupants. Fallen cargo can also leave the roadway and cause damage and injuries on sidewalks and in front yards. If you have been a victim of a falling cargo related accident learn what a truck accident attorney can do for you.
How often do falling cargo accidents occur? Though it is difficult to say with precision because of a lack of data, we know they are relatively rare. According to the Insurance Information Institute, which collects data on the causes of motor vehicle accidents, “Collision With a Fixed Object/Object Other/Unknown” (which would presumably include collisions between vehicles and fallen cargo) is the cause of about 5 percent of all reported accidents on U.S. roads.
In addition to cargo falling from a vehicle, cargo shift can play a role in accidents, particularly truck accidents. When improperly-secured cargo shifts in a tractor trailer, for example, it can lead to the truck driver losing control. According to the Federal Motor Carrier Safety Administration’s (FMCSA) Large Truck Crash Causation Study, a truck driver’s loss of control causes approximately 29 percent of all truck accidents (though that figure includes far more root causes than just shifting-cargo).
Why a Falling Cargo Accident Occurs
Why do falling cargo accidents occur? Sometimes, it is because the cargo was not secured properly. The FMCSA, which is responsible for regulating the commercial trucking industry, places stringent rules on securing cargo in commercial trucks, including methods of securing cargo and its placement.
In a commercial truck, for example, cargo can fall out if the driver takes a turn too fast and the cargo is not secured properly. The doors of a trailer may fly open or the force and weight of the cargo may force them open. And of course, cargo can escape any sort of hole or breach in the container that holds it, such as when a dump truck leaks gravel onto a highway, sending thousands of pebbles crashing into windshields and front grills.
At other times, cargo may be dislodged because the vehicle was involved in a serious accident that exposed the cargo to the outside. A commercial truck rollover, for instance, can place pressure on the vehicle and its doors, so that the restraints holding the cargo are no longer in place.
“Falling cargo” doesn’t always fall, either. Some commercial trucks carry liquid material, such as oil or gasoline. If tanker trucks get into a serious accident, liquid cargo can escape from the smallest breach in the tank. While all falling cargo accidents can be dangerous, the loss of liquid cargo—particularly when flammable—is particularly dangerous as it can make surrounding roadways dangerous to all motorists and passersby.
The type of accident called “falling cargo” also includes other types of debris thrown from a vehicle. Trucks with worn tires may send treads flying across lanes of traffic. Motorists who fail to secure a cargo box on their car’s roof can see it yanked from its moorings in high wind. If these items fall in the roadway, they can cause accidents.
Who Has Legal Liability for a Falling Cargo Accident?
Who has legal liability for injuries or fatalities caused by a falling cargo accident? The answer is not always easy to find.
Suppose you are following a commercial truck. Cargo flies out and hits your windshield. In that case, the entity responsible for securing the cargo probably has legal liability for any injuries you sustain. But establishing who was responsible for those tasks can itself be complex.
- First, the truck’s owner could be at fault for not properly securing the cargo. Owners are also responsible for maintaining their truck in good shape, so that doors work properly.
- Second, the company that owns the cargo could also be at fault for not ensuring the cargo was properly secured.
- Third, many truck companies contract with other companies for specific tasks. A subcontractor may have been used to load and secure the cargo. Another may have been engaged to maintain the truck. If the truck travels long distances, other companies could have unloaded some cargo and not properly secured either new or remaining cargo.
- Fourth, while the driver is not responsible for the initial loading of the truck, or for its maintenance, he is responsible for periodically checking both. In the event of an accident, the companies may try to say that the driver was responsible or partly responsible.
- Fifth, certain driver behaviors, such as speeding or taking turns or exits too fast, can increase the probability of cargo falling from a truck. Other parties to the accident may argue that driver behavior was to blame.
- Sixth, some road conditions, such as deep potholes or uneven pavement, predispose trucks to roll over or jackknife, resulting in spilled cargo.
It’s often necessary to investigate the small details of a type of accident / type of cargo that hit you, simply because of the complexity and potential number of parties who potentially play a role in the cargo having escaped.
Of course, not all falling cargo accidents involve commercial trucks. If a pickup, car, or other vehicle carries unsecured cargo that falls from the vehicle and injures you, the driver of that vehicle likely has legal liability for your injuries. This applies whether the cargo is construction material, paint cans, or a kayak or bicycle not secured to the roof of a car. Motor vehicle drivers are responsible for operating their vehicles in a safe manner—and that includes properly securing any cargo they transport.
What happens if you cannot tell what vehicle cargo fell from? That’s a very good question. If it is cargo from a commercial truck, it should be possible to find out the truck and the trucking company via an investigation. Trucks haul cargo throughout the country, and they must keep track of their inventory. An experienced truck accident attorney can help you investigate who hauled that type of cargo through Georgia.
If it’s from a private vehicle, an investigator can try to find identifying material, witnesses, or surveillance footage to identify fault.
