What happens if something falls off a vehicle while driving? If you regularly drive, chances are you’ve come across debris while on the road. Sometimes it can be as harmless as a plastic bag that you can drive over with no problem, but sometimes it can be dangerous, such as a large cardboard box or debris that’s fallen off a truck.
No matter the debris, drivers of cars or trucks are responsible for ensuring that the load they carry is evenly balanced and securely attached and it won’t shift while driving. In some cases, loads should be covered to avoid spillage. Not properly securing your load is dangerous since if you make a sharp turn or sudden stop, your load could fall off your vehicle and cause accidents for other drivers.
Am I at fault if something falls off my car?
While there’s a greater danger of commercial trucks losing their cargo, car and small truck drivers can also be charged with carrying an insecure load. In Ontario, if something falls off your car you can receive a fine ranging from $130 to $310, depending on whether the vehicle is for personal or commercial use. While this is considered a minor infraction, it will still have an effect on your insurance rates.
(Photo credit: Adam Sonnett/Creative Commons)
According to the Highway Traffic Act, if you’re carrying a load that hangs out over the back of your car by more than 1.5 metres, you’re required to mark it with either a red flag, red marker or a red light, depending on the lighting outside when you’re driving.
Last summer, the sun roof of a Calgary driver’s sedan exploded while he was passing a group of six gravel trucks on the highway. He was passing one of them, when his sunroof suddenly exploded and left his vehicle with many dents and a glass shard in his arm. The driver was unable to acquire any company names or license plates since he was focused on safely steering to the side of the highway, according to the Calgary Herald. While he didn’t see anything and no other vehicles stopped, the driver believes something fell off the truck. His vehicle suffered extensive damage with the majority of the car’s exterior panels removed and repainted, the car’s sunroof replaced and the seat’s removed to properly vacuum the car’s interior.
Last year, a Montreal highway was shut down for a few hours after a concrete block fell from the overpass and hit a car travelling below. Luckily, no one was hurt, but the concrete split the vehicle’s hood in half and other vehicles were left with flat tires after driving over the debris. Police were investigating whether the debris was from a truck’s cargo or if it was from the overpass itself.
In 2008, some load falling off a pickup truck in Welland, Ont., caused a three-car accident in a tunnel, which resulted in serious injuries. The pickup truck lost some of its load while travelling in a tunnel and two vehicles travelling behind the truck were able to avoid hitting the debris, but a third car behind them wasn’t able to stop in time. The third vehicle struck the two other vehicles and the vehicle’s passenger was taken to the hospital in critical condition after she hit the dash when she wasn’t wearing a seatbelt. The driver of the third vehicle was also taken to the hospital with unspecified injuries. The driver of the pickup was charged with hauling an insecure load and the driver of the third vehicle was charged with careless driving, according to the Niagara This Week.
Driving safely with a secure load
All drivers hope any vehicles carrying loads have ensured that it’s tightly secured, but to stay safe, avoid following too closely to these vehicles to give you enough time to react to a situation.
You can also safely share the road with trucks by avoiding the truck’s blind spot, which is behind the truck and at its side, to ensure that the driver can see you. Always signal ahead of time to give the truck driver time to react since extra time and distance is needed to fully stop a truck. When passing a truck, do not drive beside it for long and when switching in front, leave a safe distance between the two vehicles.
Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Greg Neinstein
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