Owner or Operator Liability
When objects fall from vehicles, the owner or operator may be at fault and liable for injuries and property damage. Generally, there are two theories which are used to recover when objects fall from vehicles.
NegligencePeople injured as the result of an accident caused by objects falling from vehicles may recover if he can show that the load fell because of negligent loading or negligent handling of the loaded vehicle. The main issue is the proximity in time between the falling object and the accident, so that the falling object was the actual cause of the accident.
For example, a passenger was able to recover when the automobile she was riding in collided with concrete blocks which fell from a truck. The blocks were stacked four or five high on the truck which had no sides or stakes to hold the blocks in place. As the truck rounded a curve, some blocks fell onto the car which she was a passenger in, causing an accident.
Res Ipsa LoquiturRes Ipsa Loquitur is Latin for "the thing speaks for itself." It is used when the harm would ordinarily not occur without someone being negligent. Courts have applied res ipsa loquitur to objects falling from vehicles, reasoning that loads are unlikely to fall unless they are improperly loaded or fastened. Again, the proximity in time between the fall and the accident must be such that the falling objects actually caused the accident.
For example, the driver of a vehicle was liable for an accident when luggage fell from the roof of the car, causing the vehicle behind him to stop and he was rear-ended by another vehicle. The court applied res ipsa loquitur because the accident would ordinarily not have occurred in the absence of someone's negligence, it was caused by instrumentalities within the defendants' exclusive control, and it was not due to any voluntary action or contribution on the plaintiff's part.
Can A Shipper Be Liable When Objects Fall From Vehicles?When the shipper of fallen cargo has aided in its negligent loading, or has acquiesced in the transportation of a load with knowledge of its dangerous and unsafe condition, a person injured by the fall of such a load may hold the shipper, as well as the carrier, liable for the injuries sustained in the accident.
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 in the absence of some warning that the load is in danger of falling.
Should I Consult An Attorney About Accidents Caused By Objects Falling From Vehicles?If you have been involved in an accident caused by an object falling from a vehicle, you should contact an attorney immediately. Proving your case can be difficult, but an attorney can help explain the law and assert your rights so that you can recover damages for your injuries. |
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