You are driving behind a truck when several boards fall off its trailer. You swerve to avoid them but hit a guardrail. You hurt your back, miss work and face growing medical bills. But the truck never hit your car. Can you still hold someone responsible for the crash?
You may have grounds to sue even without a direct collision. You would need to show that someone failed to secure the boards and that this mistake caused your crash and injuries.
Who was responsible for the load?
Federal rules require commercial truck drivers and trucking companies to keep cargo secure on the road. If a driver ignores loose straps and boards fall into traffic, that mistake might support a negligence claim. Negligence means failing to take reasonable care to prevent harm.
The trucking company may share responsibility when its employee causes a crash while working. A separate business that carelessly loaded the trailer could also face a claim. But handling the boards alone does not make a business responsible. Its mistake must have helped cause the crash.
How to trace the fallen load
You might miss the truck’s license plate if it drives away. Dashcam footage or a witness account may help identify it. Photos of the scattered lumber also document the hazard you tried to avoid.
After you identify the truck, shipping papers might show which business handled the load. An inspection of the trailer could reveal worn straps or damaged tie-downs. These details help show whether a failure to secure the lumber led to the crash.
Why keeping records matters
Crews may unload the truck or replace its straps soon after the crash. You might want to keep any photos you took and a copy of the crash report. Your medical records also help show how the injuries affected you if you pursue a claim involving a commercial truck.