You are driving on the freeway and something large appears in your lane. A piece of tire. A strap. A pipe, a pallet, a load of gravel. You swerve, or you cannot. Sometimes the truck that dropped it keeps going.
Debris from commercial trucks can cause serious crashes, and people are often unsure who is responsible. Here is how to think about it.
Two common sources
Tire failures. Heavy trucks carry heavy loads on many tires. Worn, damaged, or poorly maintained tires can fail, and the pieces can fly into other lanes. Questions to ask: who inspected the tires? When were they replaced? Were there earlier warnings?
Loose or poorly secured cargo. Freight must be loaded and tied down. If it shifts or falls, someone may not have done that job well. Who loaded it? Who checked it? Who was driving?
If the truck kept going
It can be a hit-and-run in practice. If you can, note the color, company name, trailer numbers, plate, or direction of travel. Ask witnesses for what they saw. Traffic and business cameras may have footage. Tell the officer that the debris came from a truck. Your own insurance policy may include coverage for situations like this, so read it and talk with a lawyer.
If you can find the truck
The company may say the debris was “an accident” or “road debris” from some other source. Records can help show what really happened: tire and maintenance records, loading records, inspection reports, and driver and dispatch information.
What to do
- Get medical care.
- Photograph the debris, your vehicle, the road, and the scene before it is cleaned up.
- Keep damaged parts, if you can. Do not throw out a damaged tire or part.
- Write down witness names and the crash report number.
- Do not give a recorded statement before talking with a lawyer.
Fault and deadlines
Texas bars recovery by a person found more than 50 percent responsible. A Texas personal injury lawsuit generally must be filed within two years after the cause of action accrues.
Hit by debris from a commercial truck? Contact Leatherwood & Schindler, PLLC today.
If you or someone you love was injured or killed because of someone else’s carelessness, talk with attorneys Hogan Leatherwood and Claire Schindler at Leatherwood & Schindler, PLLC today to discuss your personal injury case. Call us toll-free at (877) 664-6665 or visit lstrial.com. Every consultation with any lawyer at Leatherwood & Schindler is free and confidential.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and past outcomes do not guarantee a similar result. Sending us a message does not by itself mean we represent you; please do not send confidential details until we confirm that we can discuss your matter. Attorneys responsible for this content: Hogan Leatherwood and Claire Schindler, Leatherwood & Schindler, PLLC, 2000 West Loop S., Suite 2200, Houston, Texas 77027.