Ever wonder who pays for your damages if you’re driving on the highway when suddenly an object from an overloaded car driving near you falls off and hits your car? Before you can react, it could crash into your windshield, slam into your door, or cause you to lose control of your vehicle. These accidents happen more often than you might think, and they cause significant damage to your vehicle and leave you with severe injuries. The critical question in this situation is: who pays?
At Pfeifer, Morgan, & Stesiak, our experienced car accident lawyers in South Bend are committed to helping drivers recover compensation after a car accident they did not cause. This includes crashes involving falling objects. We understand Indiana law and know how to hold negligent drivers accountable if their unsecured cargo causes you harm.
Find out if you have a case. Call our South Bend law firm for a free case review. (574) 444-0741
Is the Other Driver Liable if Cargo Falls Off Their Car and Causes Damage to My Vehicle?
Yes, the driver who fails to properly secure their cargo can be held liable for damages. Indiana law requires all drivers to properly secure any items transported on or in their vehicles. When a driver violates this duty and their cargo falls off, causing an accident, they bear responsibility for the resulting harm.
Liability centers on negligence. If the other driver failed to take reasonable precautions—like using proper tie-downs, weight limits, or securing methods—they breached their duty of care. You can pursue compensation for vehicle damage, medical expenses, lost wages, and other losses stemming from their carelessness.
Can I Share Fault if an Object Hits My Car While I Am Driving in Indiana?
Indiana follows a modified comparative fault system, which means you can share some responsibility for an accident and still recover damages. However, you should know that the insurance company will likely try to shift some blame to you in this situation. They may argue you could have avoided the collision if you were paying better attention. Courts may agree if the insurance company can prove you were:
- Distracted by texting or other things and not paying attention to the road.
- Following the car in front of you too closely, giving you less time to react to hazards.
- Speeding and not giving yourself enough time or distance to slow down to avoid debris – or a falling object.
- Not adjusting your driving speed or following distance to the weather.
- Failing to take any evasive actions because you were not focused on the road.
When our South Bend law firm manages your case, we work tirelessly to protect your rights. This includes disputing any unfair attempts to shift blame to you.
How Can I Prove My South Bend Car Crash Case if the Other Driver Doesn’t Stop?
Many drivers don’t stop after their cargo causes an accident. They may not realize what happened, or, more likely, they may flee to avoid responsibility. This makes proving your case more challenging, but not impossible.
The good news it you don’t have to try to manage the burden of proving your case alone.
At Pfeifer, Morgan & Stesiak, we can manage your entire case – including investigating what happened and preserving evidence that supports your case. A few of the steps we take when gathering and preserving evidence for a claim includes:
- Sending preservation letters to businesses with relevant security camera footage before it gets deleted or overwritten.
- Tracking down witnesses who saw what happened and obtaining formal statements.
- Requeseting traffic cam or dash cam footage that may have captured your crash.
- Locating the at-fault driver through license plate databases and witness descriptions
- Consulting with accident reconstruction specialists who can demonstrate exactly how the collision occurred.
What Should I Do Right Away if an Object Hits My Car?
The moments after a falling object accident determine both your safety and the strength of your legal claim. Beyond the general steps you should take after any crash, falling object accidents require specific immediate actions:
- Stay in your lane if safe: Avoid swerving into other vehicles or off the road—controlled braking, when possible, is safer than swerving or slamming on the brakes.
- Try to identify the other vehicle: Get the license plate number, make, model, and color if the driver continues moving
- Photograph the object immediately: Capture clear images of what hit you before anyone moves or removes it from the roadway
- Preserve the cargo as evidence: If you can safely retrieve the object, keep it—this physical evidence proves what caused your damage. DO NOT, however, go out onto a highway or other busy road to try to get the object that hit your car. Leave that to police or crash scene investigators.
- Note the exact location: Remember or photograph landmarks, mile markers, or cross streets where the incident occurred
- Document any company markings: If the cargo has business names, logos, or identification numbers, photograph these details
- Request camera footage locations: Look for nearby businesses or traffic cameras and mention them to police
These specific actions strengthen falling object claims significantly. The more details you capture in those first moments, the easier it becomes to identify the responsible party and prove your case.
Indiana Law Requires Drivers to Properly Secure Their Cargo
Indiana Code § 9-21-16-3 requires all drivers (both private and commercial) to properly secure all cargo before operating their vehicles on public roads. Loads must be fastened and secured to prevent items from dropping, shifting, leaking, or blowing from the vehicle.
Drivers who violate this law face serious consequences:
- Class C infraction fines: Expect up to $500 in fines for failing to secure cargo properly.
- Increased penalties for harm caused: Higher fines and potential misdemeanor charges if unsecured cargo causes property damage.
- Felony charges possible: When unsecured cargo causes serious injury or death, drivers may face felony prosecution.
- Negligence per se in civil cases: Violating the cargo security statute automatically proves the other driver breached their duty of care, strengthening your injury claim.
This law exists to protect all drivers on Indiana roads. When someone ignores it and their negligence injures you, we are committed to holding them accountable.
How to Avoid Being Hit by Falling Objects or Cargo While Driving
While you cannot control other drivers’ negligence, defensive driving can help to reduce your risk of being hit by falling objects. Staying alert and maintaining proper following distance gives you more time to spot hazards and react safely.
- Watch for warning signs ahead of and around you: Avoid driving near cars with overloaded roof racks, unsecured items in truck beds, or cargo extending beyond vehicle boundaries pose higher risks.
- Increase following distance: Create extra space between you and vehicles carrying cargo as this gives you more reaction time if something falls. Even better, pass these vehicles as soon as you can do so safely.
- Scan the road surface: Look ahead for objects already lying in your path so you can safely change lanes or slow down.
- Check mirrors before evasive action: Always verify adjacent lanes are clear before swerving to avoid falling objects.
- Use controlled braking when necessary: Sometimes slowing down is safer than dangerous lane changes that could cause worse accidents.
Insurance companies scrutinize whether drivers attempted to take evasive actions to avoid collisions. They may try to assign you fault for failing to take evasive action. Our attorneys are prepared to challenge this kind of unfair fault assessment and fight to protect your right to full compensation.
Why Seek Legal Help From Our Experienced South Bend Car Accident Lawyers
Falling object accidents create complex liability questions and insurance company resistance. Adjusters often downplay these claims or deny them entirely, arguing you cannot prove who caused the damage or that you should have avoided the collision.
At [firm-name], we handle every aspect of your claim while you focus on recovery. We investigate the accident, identify the responsible party, and negotiate aggressively with insurance companies. When negotiations fail, we’re prepared to take your case to court. Don’t let an unsecured cargo accident leave you paying for someone else’s negligence.
Worried about cost? Don’t be – we take injury cases on contingency. This means there are no upfront costs or fees to worry about. We only get paid if you do.
Need legal help you can trust? Call Pfeifer, Morgan & Stesiak today (574) 444-0741
