Legal Blog, News & Resources

FLYING DEBRIS – Vehicle

Driving behind a large truck on the highway can be unsettling. Your ability to see what’s ahead is cut off, and the truck driver might not be able to see you if you pass. And when following directly behind or adjacent to a large flatbed tractor-trailer hauling a load, objects sometimes fly off the truck (dump trucks and pickups too), which can be terrifying … and lethal.

On the sigh-of-relief side, the object misses everyone and winds up on the side of the road. On the tragic side, a 1994 incident in Wisconsin killed six young children. The minivan in which they were occupants ran over a chunk of metal that fell from a truck, puncturing the gas tank and igniting an inferno.

A study released by the AAA Foundation for Traffic Safety reported that from 2011–2014, roughly 39,000 injuries and 500 deaths were attributed to road debris. Incidents included vehicles that were directly struck by flying objects; ran over objects lying on the road; or drivers swerving to avoid an object, resulting in an crash.

The most common types of roadway debris include unsecured cargo falling onto a roadway or vehicle; tools, truck tire treads, or other truck parts; and trailers that detach. AAA reports that roadway debris incidents have ballooned 40% since 2001.

Personal injury claims involving trucks can be complex. The truck driver, trucking company, shipping company, or maintenance company — or some combination thereof — may be liable. Throw in obstinate insurance companies and the possibility a truck driver might not have been aware of what happened and continued driving … it’s a handful.