Someone else’s loose cargo on a Kentucky road can trigger severe crashes. Maybe a piece of debris flew off and slammed into your car or forced you to swerve and crash. Now, you might be facing medical bills, lost pay, pain, suffering, and other losses because of someone else’s carelessness.
The attorneys at Morgan, Collins, Yeast & Salyer handle debris-related car accident cases across Kentucky. We have the Kentucky Courage to track down whose unsecured cargo caused the crash, deal with uncooperative insurance companies, and prepare a strong claim to prove liability and seek the compensation you deserve.
Contact us now for a free consultation to speak with a lawyer about your potential personal injury lawsuit and your next steps.
Dangers of Flying Debris on Kentucky Roads
Flying debris can present serious hazards on Kentucky roads when motorists fail to properly secure their cargo.
If unsecured objects fall off cars, trucks, or trailers, they can hit other vehicles or land in the middle of traffic. If other drivers must swerve to avoid the debris, it can lead to collisions. Even small items, such as tools or boxes, can cause damage to windshields, tires, or radiators. Larger objects, such as furniture or construction materials, can block lanes on interstate highways or lead drivers to slam on their brakes, swerve, or otherwise lose control while trying to avoid hitting road debris.
Loose loads pose substantial risks to motorcyclists and cyclists, who have less protection than those in cars. These road users are more likely to suffer serious injuries from direct impacts with items falling from a vehicle on the road ahead. If road hazards get caught in their wheels or gears, it can throw them off balance or cause them to crash.
How Common Are Car Accidents Caused by Debris?
Road debris accidents occur more often than you might think in Kentucky. In one recent year, the state reported “load securement” as a factor in 1,090 collisions. Crashes involving load securement issues made up nearly 1 percent of all reported collisions in the state.
Another 148 crashes listed in the same report involved “oversized loads.” Together, these two factors contributed to at least eight fatal crashes that year.
The numbers suggest that drivers should treat unsecured loads as a serious threat. A single item flying or sticking out into traffic can lead to real damage, injuries, and even loss of life.
Who Could Be Liable for a Car Accident Caused by Flying Debris?
If flying debris causes a car accident in Kentucky, multiple individuals or companies may share legal responsibility, depending on the specific circumstances. Kentucky law requires drivers to secure their loads and use proper covers if their cargo could shift or spill in transit. If someone ignores these rules and debris ends up on the road, they may be liable for any injuries and related losses they cause.
However, truck drivers are not the only parties who could be at fault. In some cases, other parties might be responsible for debris ending up in traffic.
Here are some examples of parties who might be legally responsible for road debris accidents:
- The driver hauling the load – A driver who fails to secure cargo or use a cover can cause that cargo to fall off and hit another car.
- The vehicle owner or trucking company – A company that owns the vehicle could face legal responsibility if it allows drivers to use worn-out straps, broken tie-downs, or unsafe equipment. The commercial driver’s employer could be held vicariously liable for the driver’s negligence.
- A business that loads the cargo – Some companies pack or load materials onto trucks for delivery. If the workers do a poor job and debris falls, the business could be held liable.
- A manufacturer of faulty equipment – If a strap, chain, or cargo rack fails because of a design or production flaw, the injured person might have a case against the company that made the defective item.
- A government agency – Sometimes, public crews leave behind equipment or materials after a project. If leftover items cause a crash, a state or local agency might share some blame.
Steps to Take After a Flying Debris Car Accident
The steps you take after a road debris crash in Kentucky could affect your ability to recover both physically and financially. Here is what you should do to protect yourself and your legal rights:
- Contact our Kentucky car accident attorneys as soon as possible. A lawyer from Morgan, Collins, Yeast & Salyer can help you explore your legal options and deal with insurance claims or legal filings. Consultations are free and come with no strings attached.
- See a doctor as soon as possible. A medical visit creates a record that can link your injuries to the crash, which can support any claims you make later on.
- Take clear photos of your vehicle and any damage. Capture different angles and close-up shots. Try to include any debris that might have contributed to the crash. Secure any dashcam videos that captured the falling debris and the vehicle’s license plate or other identifiers.
- Retain copies of your medical records and bills. These documents help you prove your injuries and support your claim for compensation.
- Keep track of your missed work and income. Save pay stubs and written notes from your employer to show how the crash affected your earnings.
Can I Be Compensated After a Flying Debris Car Accident?
Yes. You could have several options to pursue money to offset your losses if you are in an accident involving flying debris in Kentucky. Kentucky uses a choice no-fault system. If you have no-fault coverage, your own auto insurance should pay for medical bills and lost wages up to the limits of your personal injury protection (PIP) benefits. Most policies include at least $10,000 in PIP coverage.
If you opted out of the no-fault system or your case meets specific requirements, you can file a claim against the party at fault for the road debris accident. With a successful claim, you could recover money for losses that PIP will not cover, like pain, suffering, and property damage.
What Can a Car Accident Lawyer Do to Help Me with My Flying Debris Car Accident Case?
If road debris caused you to crash on a Kentucky road, you have the right to demand accountability and fair compensation from the parties responsible for the crash. The lawyers at Morgan, Collins, Yeast & Salyer are ready to review your situation, figure out where the debris came from, and help you take action.
Call us today or reach out online to set up your free consultation. One of our lawyers can talk with you one-on-one, answer your questions, and explain what steps make sense for your situation.