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How falling loads and spills happen
Loads fall when straps or chains are too few, worn or not tightened, when tarps and nets are missing, or when the load is stacked so it can shift during braking or turns. Open trailers carrying lumber, pipe, gravel or machinery are common sources. Box trailers can spill when doors are not latched. Spilled cargo can also cause a chain of crashes as drivers swerve.
A falling load can strike your car directly, or it can land on the road where you hit it or swerve to avoid it. Either way, you may have a claim. If the cargo caused the truck itself to roll or jackknife, see overloaded truck crashes for how weight and balance problems are proven.
Who is responsible
The driver is expected to check the load before the trip and during stops. The trucking company is responsible for training and for the equipment used to secure cargo. A separate shipper or loading company may share fault if its workers loaded or strapped the cargo. Read who is liable in a truck accident for how fault is divided.
Hazardous cargo raises the stakes. Federal rules set higher insurance minimums for carriers hauling hazardous materials, from $1 million for oil and most listed hazardous materials up to $5 million for certain bulk hazardous substances and explosives (49 C.F.R. 387.9). See tanker truck accidents for more on fuel and chemical spills.
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Evidence that matters
Photos of the load, the straps, the trailer and the debris on the road are often the strongest early evidence. Debris is usually cleared fast, so take pictures if it is safe and tell your lawyer right away. Bills of lading show what was being hauled and who loaded it. Witnesses may have seen the load shifting before it fell.
The FMCSA publishes each carrier’s inspection and out-of-service data (FMCSA SAFER), which can show past cargo securement violations. Dashcam video and the truck’s engine data can show braking or swerving just before the load came loose. A lawyer can request these records before they are lost, along with the driver’s notes from any load checks made during the trip.
What to do now
Get medical care, then photograph the debris, the truck, its USDOT number and your vehicle. If the truck kept going, write down the company name, trailer type and direction of travel. Get witness names and numbers, the police report number and every claim number. Do not try to move heavy debris yourself.
Do not sign a release or give a recorded statement to the trucking insurer before speaking with a lawyer. Keep receipts for medical care, repairs and missed work. The general deadline to file an injury lawsuit in California is two years (Code of Civil Procedure 335.1). In Washington it is generally three years (RCW 4.16.080).
How Beverly Law can help
We find out who owned the truck, who loaded it and who insures each of them, and we request the loading papers, inspection history and video. If a tire failure sent debris into traffic, see truck tire blowout crashes, and for freeway crashes see your rights after a freeway truck crash.
You owe no fees or costs unless we win. Learn more on our California truck accident lawyer page. The first conversation is free, and our team speaks Spanish. We explain each step in plain language and keep you updated, and you can call with questions at any point. Call (310) 552-6959 or use the form on this page.
Common questions
Who pays if something falls off a truck and hits my car?
Usually the trucking company’s insurer, since the carrier and driver are responsible for securing the load. A separate loading company may share fault. If the truck did not stop, your own uninsured motorist coverage may help (Insurance Code 11580.2), but a hit-and-run claim requires that the vehicle physically contacted you or your car and that the crash was reported on time. Whether falling cargo counts depends on the facts, so ask a lawyer.
What if I swerved to avoid cargo and crashed?
You may still have a claim against the trucking company even if your car never touched the cargo or the truck. Witnesses, photos of the debris and any video can show why you swerved. A lawyer can check how your policy and theirs apply.
Is the driver responsible for checking the load?
Yes, the driver is expected to check that cargo is secured before the trip and during the trip. Federal rules require cargo to be contained, immobilized or secured so it does not shift or fall. The carrier and any loader can share responsibility too.
What if the truck that dropped the load drove away?
Report it to police right away and write down anything you saw about the truck. Freeway cameras, toll records and witnesses can help identify it. Your uninsured motorist coverage may help, but hit-and-run claims have strict reporting and contact rules (Insurance Code 11580.2(i)), so talk to a lawyer soon.
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If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Can I sue a truck driver for hitting me? · Who is liable in a truck accident: the driver, the trucking company or the broker? · Rear-ended by a semi truck: what to do · Hit by a semi truck on the freeway: your rights · Jackknife truck accident: who is at fault? · All car and truck accident questions
Sources
- 49 C.F.R. § 393.100(b)-(c)
- CACI Nos. 3700, 3701, 3720; Cal. Civ. Code § 2338
- 49 C.F.R. § 387.9, Table 1
- FMCSA SAFER Company Snapshot; FMCSA SMS; FAST Act of 2015, Pub. L. 114-94, § 5223
- Cal. Code Civ. Proc. § 335.1
- RCW 4.16.080(2)
- Cal. Ins. Code § 11580.2(a)(1)-(3), (b)(1)-(2), (f)
- Cal. Ins. Code § 11580.2(i)(1)(A)-(C), (b)(1)-(2)
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.