Struck by Debris

According to the Texas Department of Public Safety (DPS), there were 1,041 vehicle accidents involving debris on the road in1998. In the following two years, three people died and one was severely injured when struck by debris.

The problem isn't getting any better. Even though Texas gives huge fines for unsecured loads resulting in debris, some drivers still do not take the time to make sure their loads are covered and secured. And when debris does scatter on the road, this can cause accidents in several different ways:

1. Debris falls directly onto or into the path of the vehicle behind, possibly entering the car through the windshield
2. Car drives over debris, damaging the undercarriage or causing a blow out resulting in an accident
3. Driver swerves to miss debris and hits another vehicle or rolls over
4. Vehicle in front "kicks up" debris onto vehicle behind

The results can be devastating: severe injury to the driver and passengers, possible involvement of other vehicles, and even death.

Some incidents are very common like loose spare tires falling off the back of tow trucks and pickups. Logging trucks and other transports also lose their loads into oncoming traffic if not secured properly. Items can come free when moving, garbage can fly out on the way to the dump - there are several scenarios. But the bottom line is that under Federal law, drivers are responsible for ensuring their loads are secure, and are liable for all damages and injury caused by debris leaving their vehicles.

In some cases, the accident may also be a result of a manufacturing defect that goes right back to the automakers. In April 2005, the National Highway Traffic Safety Administration (NHTSA) announced that it was reviewing the tailgate support cables of some GMC pickup trucks. The investigation is reviewing 50 injuries due to tailgate cables snapping, throwing the tailgate down. Any loads held back by these defective tailgates are more likely to fall off in the event of a cable failure.

Contact Jim S. Adler & Associates if You have been Struck by Debris

Jim S. Adler & Associates has over 30 years in personal injury cases that are a result of an accident due to items falling off a vehicle into your path. We can help you recoup your medical costs and lost income, and make sure you get the compensation you deserve for your pain and suffering. Don't accept the insurance company's idea of a "fair settlement." Talk to us first.

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