You were driving west on I-10 through Ontario when the pickup ahead of you hit a bump and a stack of lumber slid off the bed. You braked and swerved, but one board went under your car and another came through the windshield. The pickup kept going. A few miles later, on the I-15 in another case, a big rig's tire tread separates and flies into a sedan's grille. In both situations, an ordinary commute turns into a claim with no obvious defendant.
The Inland Empire's freeway corridors, including I-10, I-15, I-215, and SR-60, carry heavy commercial and construction traffic. Debris and tire failures are a familiar hazard.
Quick answer: California's Vehicle Code section 23114 prohibits driving a vehicle on a highway unless it is constructed, covered, or loaded to prevent its load from dropping, spilling, blowing, or otherwise escaping. A driver or company whose unsecured load causes a crash is usually liable for negligence, and the statutory violation can support a presumption of negligence under Evidence Code section 669. When a tire fails, the claim may run against the vehicle owner for poor maintenance or against a manufacturer for a defect. If the source cannot be identified, your own collision, MedPay, and possibly uninsured motorist coverage may help, though hit-and-run UM coverage in California has a physical contact requirement.
Key Takeaways
- Vehicle Code section 23114 requires loads to be secured so they cannot drop, spill, or blow out of a vehicle.
- A driver or employer whose unsecured cargo causes a crash is usually liable.
- Tire failures can lead to claims for poor maintenance or for a defective tire.
- Identifying the vehicle that dropped the debris is the biggest challenge in these cases.
- Insurance Code section 11580.2 requires physical contact for hit-and-run UM claims, which complicates some debris cases.
Who Is Liable When Debris Falls From a Vehicle?
Vehicle Code section 23114(a) states that a vehicle shall not be driven or moved on any highway unless it is so constructed, covered, or loaded as to prevent any of its contents or load, other than clear water or feathers from live birds, from dropping, sifting, leaking, blowing, spilling, or otherwise escaping. A driver who violates that rule and causes a crash will usually be found negligent.
Liability can also reach:
- The employer, if the driver was working, under the doctrine of respondeat superior.
- The vehicle owner, under Vehicle Code section 17150, subject to the limits in section 17151.
- A loading company that improperly secured cargo.
What About Debris Already Lying on the Road?
If you hit something that had been in the lane for a while, such as a tire tread or furniture, the question is who put it there and whether anyone should have removed it. A claim against the State of California for failing to remove debris from a state highway is possible in theory under Government Code section 835, but it requires proof that the state had notice of the hazard in time to act. Claims against the state must be presented within six months under Government Code section 911.2.
Who Pays When a Tire Blows Out?
Another vehicle's tire
When a tire on another vehicle fails and causes a crash, the owner or operator may be liable for failing to maintain it, such as running bald or underinflated tires. Commercial carriers are subject to inspection and maintenance rules. Our post on truck accident claims in California explains why claims against commercial operators are different.
Your own tire
If your own tire failed, the question is why. A manufacturing or design defect can support a product liability claim against the manufacturer or seller. A recent improper installation or repair can point to the shop. Preserve the tire and all its pieces. Without the tire, these claims are usually impossible to prove.
What if the Driver Who Dropped the Debris Kept Going?
This is common. Many drivers never notice their load came loose. If the vehicle cannot be identified, your options usually include:
- Collision coverage for damage to your car, minus your deductible.
- Medical payments coverage for medical bills, regardless of fault.
- Uninsured motorist coverage, which in California can apply to hit-and-run vehicles. Insurance Code section 11580.2(b)(1) requires that the bodily injury arise out of physical contact of the unidentified vehicle with you or your vehicle. Whether debris from an unidentified vehicle satisfies that requirement depends on the facts and the case law, so the details of how the object reached your car matter. Our post on uninsured and hit-and-run claims in California explains these claims further.
How Do You Identify the Vehicle That Dropped the Debris?
- Write down or record the plate, company name, DOT number, and vehicle description immediately.
- Check your dashcam. Front-facing video is often the only way to identify the vehicle.
- Ask witnesses, especially other drivers who may have followed the vehicle.
- Call 911 and report the vehicle. The CHP handles freeway crashes in the Inland Empire.
- Keep the debris if it is safe and lawful to do so, or photograph it. Lumber, ladders, and equipment sometimes carry company markings.
What Should I Do After a Debris or Blowout Crash?
Pull over safely, call 911 if anyone is hurt or a hazard remains in the lane, and photograph the debris, your car, and the scene. Seek medical care promptly. Report the crash to DMV within 10 days if there were injuries or damage over $1,000 under Vehicle Code section 16000. If a lawsuit becomes necessary, cases in the Inland Empire are ordinarily filed in the Superior Court of the county where the crash occurred, either Riverside or San Bernardino.
Frequently Asked Questions
Does the fine for an unsecured load go to me?
No. Fines for a section 23114 violation go to the state. Your compensation comes from a civil claim.
Does my insurance cover debris damage to my windshield?
Many comprehensive coverage provisions pay for glass and damage from falling or flying objects, depending on your policy.
What if I swerved to avoid debris and hit another car?
Your conduct is judged by what a reasonable driver would do. Fault may be shared among you, the driver who dropped the debris, and anyone else involved. Our post on comparative negligence in California explains how shared fault works.
Is the trucking company responsible for its driver's load?
Usually, if the driver was working at the time. Employers are generally responsible for employees' negligence within the scope of employment.
How long do I have to file?
Generally two years from the injury under Code of Civil Procedure section 335.1, or six months for a claim against a public entity.
Hurt by Road Debris or a Blowout? Geller Legal Can Help.
Debris crashes often look like no one's fault. With quick investigation, the responsible driver, company, or manufacturer can often be found.
Geller Legal | Personal Injury Attorneys investigates debris and tire failure crashes, works to identify the source, and reviews every available coverage, including your own. Learn more about our California car accident practice.
We serve injured clients throughout California, with offices in Walnut Creek, Oakland, and Los Angeles. If you were hurt by road debris or a tire failure, call us at 213-770-4870 for a free, confidential consultation with Attorney Michael Geller.