Who Is Liable When Debris Causes an Accident with an Overloaded Truck in Colorado?

Driving near a commercial truck that’s carrying too much cargo can be dangerous. An overloaded truck often has trouble stopping, and is more likely to tip over or lose control. Worse, if the cargo isn’t secured properly, debris can fall onto the road and cause serious accidents. In Colorado, where trucks often carry heavy loads, this is a big safety issue.

If you’ve been injured because of falling debris, it’s important to know who might be responsible for the accident so you can get the help you need.

Why Is Falling Debris So Dangerous?

Debris, like loose objects such as rocks, wood, or metal, can fall from trucks and create dangerous situations. When this happens, drivers may need to swerve or stop suddenly, which often leads to accidents. That’s why it’s so important for trucks to secure their loads properly to help keep the roads safe.

Who’s Responsible When Debris Causes an Accident?

If debris from an overloaded truck causes an accident, who is responsible? In Colorado, several people or companies could be to blame:

• The Truck Driver: The driver is responsible for checking their load. If they didn’t make sure it was safe, they could be at fault.
• The Trucking Company: The company that owns the truck must ensure their drivers follow the rules. If they let the truck carry too much, they might be to blame.
• The Loading Company: Sometimes, a different company loads the truck. If they didn’t do it safely, they could be responsible.
• The Manufacturer: If a part of the truck breaks and causes debris to fall, the company that made that part could be at fault.

What Does Colorado Law Say?

In Colorado, there are rules about how much weight trucks can carry and how loads must be secured. These rules are designed to keep everyone safe by making sure trucks aren’t overloaded and their cargo stays in place.

Both state and federal laws require that trucks follow these weight limits and secure their cargo to prevent anything from falling off. If a truck is carrying more than allowed or the load isn’t tied down properly, and debris causes an accident, the driver or trucking company could be in trouble for breaking the law.

What Should You Do If You’re in an Accident Caused by Debris?

If you’re ever in an accident caused by debris from an overloaded truck, here are some steps you can take:

• Stay safe: Pull over if you can and turn on your hazard lights.
• Call the police: Even if the truck doesn’t stop, it’s important to report the accident. The police will come to the scene and write a report, which can help later.
• Take pictures: If it’s safe, take pictures of the debris, the damage to your car, and any nearby trucks, even if they’ve driven away. These photos can be useful for your case.
• Get witness information: Talk to anyone who saw the accident. Ask for their names and contact information, as they might have noticed details about the truck or the debris.
• See a healthcare provider: Even if you feel fine, it’s a good idea to get checked out. Some injuries may show up later.
• Keep records: Save all medical bills, details about missed work, and other costs caused by the accident.
• Note the truck’s details: If you can’t speak to the truck driver, try to remember any identifying features of the truck, like the company logo or license plate, and share this with the police.

How Can You Protect Yourself?

While you can’t control what other drivers do, you can take steps to stay safe around trucks:

• Keep your distance: Give trucks plenty of space, especially if their load looks unstable.
• Be alert: Watch for signs that something might fall from a truck.
• Avoid driving next to trucks for long periods: Try to pass them quickly and safely or stay behind them.
• Report unsafe trucks: If you see a truck that looks dangerously overloaded, you can report it to the police.

What If You Need Help?

If you’ve been in an accident caused by debris from an overloaded truck, you might want to talk to a Colorado Springs truck accident lawyer. They can help you understand your rights and what to do next if you’ve been injured due to falling debris from an overloaded truck.

Staying safe on the road is a shared responsibility. Truck drivers and companies must follow the rules to avoid accidents, and being aware of these risks can help protect you when driving near big trucks. By understanding who might be responsible when debris causes an accident, you’ll know what steps to take if it happens.

Contact a Truck Accident Lawyer if You’ve Been Injured 

If debris from an overloaded truck caused your accident, you don’t have to handle everything alone. At Heuser & Heuser, LLP, our team has over 35 years of experience helping people in Colorado Springs just like you. Founded by brothers Gordon and Barkley Heuser, our law firm is built on values of honesty, integrity, and justice.

Our team is committed to supporting you every step of the way. If you’ve been searching on the internet for a “truck crash lawyer near me” or “Colorado personal injury attorneys,” contact us instead. Getting started is simple. Just call us at (719) 520-9909(719) 520-9909 for a free, no-pressure consultation. If more convenient, you can fill out our confidential online form. 

With strong ties to the community and a military background, we take pride in supporting accident victims through the legal process. Whether you’re dealing with medical bills, unsure of what steps to take after your accident, or need help dealing with the trucking company and their insurance carrier, our team is ready to stand by your side.

For legal advice or help with your accident claim, contact Heuser & Heuser, LLP at (719) 520-9909(719) 520-9909.

https://heuserlaw.com/ 

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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Colorado Springs, CO 80903
(719) 520-9909(719) 520-9909
https://heuserlaw.com/