Injured as a result of objects falling from another vehicle while on the highway? If so, you may have a right to recover damages as a result.
California laws are in place to protect motorists from serious injury or death as a result of objects that fall from other vehicles. The California Vehicle Code Section 23114 specifically states that “a vehicle shall not be driven … on any highway unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle.”[1] Additionally, California Vehicle Code Section 17300 also provides that anyone who leaves dangerous debris or objects on the highway other than water and feathers from live birds is liable for the damage it causes.[2]
This means that any driver who willingly or negligently permits objects to fall from their vehicle is liable for the harm it causes. For example, a mattress falling from a moving truck can become an immediate danger to other motorists on the freeway. Suppose a motorist or their passenger is injured in an accident as a result of roadway debris. In that case, the injured parties may file a personal injury lawsuit for compensation for their injuries.
Generally, one has two (2) years from the date of the injury to file a lawsuit for personal injuries. However, depending on the circumstance, the time to file a lawsuit may be as little as six (6) months.
If you or someone you know was injured in a motor vehicle crash because of another’s negligent driving, debris that fall from another’s truck, semi-trailer, or vehicle – call Gomerman | Bourn & Associates for a FREE consultation at (415) 545-8608.