If a truck ahead of you suddenly loses part of its load, debris can scatter across the highway and create an immediate hazard. Drivers may have to brake hard or swerve, which can cause a crash.
Focus on safety first
Your first priority is avoiding a collision. If cargo falls in your path, steer around it only if you can do so safely. Avoid sudden movements that could cause another crash. If possible, move to the shoulder and turn on your hazard lights.
Call 911 to report the debris and any injuries. Do not approach the roadway to remove cargo yourself. Wait for law enforcement or emergency responders to handle the scene.
Document what happened
Once everyone is safe, gather as much information as you can. Take photos of the debris, your vehicle damage and the road conditions. Write down the truck’s company name, license plate number and any other identifying details you remember.
If police respond, ask how to get a copy of the report. Save dashcam footage if you have it, along with medical records, repair estimates and receipts. This evidence may be important if you later file a claim for injuries or vehicle damage.
Know who may be responsible
Falling cargo cases can involve more than one party. Depending on the facts, responsibility may involve:
- The truck driver, if the load was not properly inspected or secured
- The trucking company, if poor training or supervision contributed to the incident
- The loading company, if it loaded the cargo improperly
- The cargo owner or shipper, if it failed to prepare the load safely
Federal rules generally require commercial cargo to be secured so it does not shift, spill or fall onto public roads. If those rules were not followed, that may support a negligence claim.
Watch the deadline
In Indiana, many personal injury and property damage claims must be filed within two years, but the deadline can vary depending on the type of claim. Additional notice requirements may also apply in some cases.
Next steps after falling cargo
If falling cargo causes damage or injury, act quickly to preserve evidence and protect your rights. A lawyer can help you understand your options and the deadlines that may apply.
