Who Is Liable If a Falling Object Injures Me on the Road?

Winter weather can create unexpected roadway hazards, including falling ice, tree limbs, unsecured cargo, and other objects that may cause serious accidents in a matter of seconds.

Winter weather concerns many Illinois drivers. There are numerous hazards on the road that accompany the season, including ice, snow, decreased visibility, and longer periods of darkness. However, one danger that is sometimes overlooked can arrive without warning: falling objects.

Falling objects can cause chaos and significant damage during the winter months. Icy tree branches may snap and crash into the roadway, chunks of ice may fly off vehicles that were not properly cleared after a storm, and unsecured objects may suddenly enter traffic. These unexpected and often frightening incidents can cause serious injuries, vehicle damage, and multi-car collisions.

Victims may be left wondering who can be held responsible for their injuries, medical expenses, lost income, or property damage. In Illinois, several different parties could potentially be responsible depending on the circumstances of the accident. The specific facts of your case matter.

An experienced personal injury attorney with Patel Law, PC can help assess the circumstances surrounding an accident and explain potential next steps. Read on for general information about falling object accidents and potential liability.

Quick Take: Who May Be Responsible?

Responsibility for a falling object accident may depend on where the object came from and whether someone failed to exercise reasonable care. Depending on the circumstances, a private driver, trucking company, construction company, property owner, contractor, or government entity could potentially be involved.

Common Sources of Falling Object Accidents

Dangerous falling object situations on Illinois roadways may be more common than many drivers realize, particularly during winter weather. Snow and ice can fall from moving vehicles or structures, tree limbs can break during storms, and utility equipment may become loose during severe weather.

Falling object accidents are not limited to winter weather, however. Even a relatively small object can create a dangerous situation when it strikes a vehicle or suddenly enters traffic. Maintenance tools may fall from trailers, construction materials may become unsecured, or debris may enter the roadway unexpectedly.

When a driver suddenly encounters an object in the road, they may have only seconds to react. Swerving, braking suddenly, or being directly struck by an object can potentially result in serious collisions.

Snow and Ice

Snow or ice can become dislodged from vehicles, bridges, overpasses, and other structures and unexpectedly enter traffic.

Tree Limbs

Winter storms, ice accumulation, and high winds can cause branches or trees to break and fall onto vehicles or roadways.

Unsecured Cargo

Cargo, equipment, or other materials may become detached when they are not properly loaded or secured to a vehicle.

Construction Materials

Tools, equipment, and building materials can create serious hazards when they fall from elevated work areas or enter an active roadway.

Who Can Be Held Liable for Falling Objects?

Liability for injuries or property damage caused by a falling object may depend on the legal concept of negligence. In general, negligence may involve a failure to exercise reasonable care under the circumstances that results in harm to another person.

Identifying the responsible party can require investigating where the object came from, who controlled or maintained it, whether there were warning signs of danger, and whether reasonable precautions could have prevented the accident.

Why the Details Matter

Two accidents involving similar objects may have very different legal issues. Evidence regarding the source of the object, weather conditions, maintenance responsibilities, vehicle ownership, and the actions taken before the incident can all potentially affect a claim.

Truck Drivers and Trucking Companies

Improperly secured cargo can create serious dangers on Illinois roads. Large trucks and commercial vehicles may carry equipment, materials, or other loads that must be properly loaded and secured for transportation.

If cargo becomes detached from a vehicle and causes an accident, the circumstances surrounding the loading, inspection, and transportation of that cargo may become important. Depending on the facts, responsibility could potentially involve the driver, the company employing the driver, or another party responsible for loading or securing the materials.

Possible Evidence in an Unsecured Cargo Case

Photographs, witness information, vehicle records, inspection information, and evidence showing where the object came from may all potentially help investigators determine how the incident occurred.

Construction Workers and Construction Companies

Construction zones can contain numerous tools, materials, and pieces of equipment. When work is being performed near roads, bridges, or elevated structures, unsecured materials can potentially create hazards for nearby drivers and pedestrians.

If a tool or other object falls from a construction site or enters the roadway, questions may arise regarding whether appropriate safety measures were used. Contractors, site managers, or other responsible parties could potentially face liability if a negligent failure to secure materials or provide appropriate warnings contributed to an accident.

Private Drivers

Private drivers can also potentially create falling object hazards. Items placed on or inside a vehicle should be secured so they do not become dangerous to other people using the roadway.

During winter, snow and ice accumulation may create additional concerns. Ice or snow that becomes dislodged from a moving vehicle can potentially strike another vehicle or cause a driver to react suddenly.

Winter Driving Reminder

Clearing a vehicle and securing objects before traveling may help reduce unexpected hazards for other drivers. Winter weather can create changing conditions, making reasonable preparation especially important before entering the roadway.

Government Entities and Public Agencies

In some circumstances, a public agency or government entity could potentially be involved in a falling object accident. For example, questions may arise regarding the maintenance of public structures, roadways, trees, or other property under government control.

Claims involving government entities can be subject to special rules, procedures, immunities, and deadlines. Because these requirements may differ from those involved in claims against private parties, it can be particularly important to investigate a potential claim promptly.

Frequently Asked Questions About Falling Object Accidents

What should I do if an object strikes my vehicle?

Prioritize safety and seek emergency medical assistance if anyone is injured. If it is safe to do so, document the scene, take photographs, gather witness information, and report the incident when appropriate.

What if I do not know where the falling object came from?

Identifying the source of an object can sometimes require additional investigation. Witnesses, nearby cameras, vehicle information, photographs, and physical evidence may potentially help establish where the object originated.

Can a trucking company be responsible for unsecured cargo?

Depending on the circumstances, responsibility may potentially extend beyond an individual driver. The company responsible for the vehicle, cargo, loading process, or maintenance may also become relevant to an investigation.

Should I speak with an attorney after a falling object accident?

An attorney can help you understand potential liability issues, review the available evidence, and explain the legal options that may apply to the specific circumstances of your accident.

Contact Patel Law, PC

Falling object accidents can happen suddenly and leave victims dealing with serious injuries, unexpected medical expenses, vehicle damage, and questions about who may be responsible.

The Springfield personal injury attorneys at Patel Law, PC can help you assess the circumstances surrounding your accident and better understand your options moving forward.

Injured by a Falling Object or Roadway Hazard?

If you were injured after an object struck your vehicle or entered the roadway, the team at Patel Law, PC can help you better understand the circumstances of your case and the legal options that may be available.

Our experienced personal injury attorneys can discuss your accident, review potential liability issues, and help you understand the next steps in the legal process.