Several years ago, I was involved in an unusual accident: As I was driving up the Northway, a spare tire suddenly rolled off of a flatbed truck in front of me, bounced down the highway, and struck me head-on (remarkably, actually leaving a visible tire tread on the hood of my car!) Luckily, I sustained only property damage, but what if I had been injured? Would the other driver have been liable, even though there was never any actual contact between our vehicles?
The answer, obviously, is yes. All drivers owe a duty to other motorists to use reasonable care in the operation of their vehicles. This includes not just a duty to operate your vehicle in a safe manner, but also to ensure that your vehicle is properly cleared of debris, and that objects on the outside of your vehicle are properly secured. This is frequently a problem when drivers are vacationing, moving, or transporting new furniture, and are not accustomed to safely securing objects to their roof. It is certainly not an uncommon site to see a vehicle with a mattress strapped to the roof with nothing more than a bungee cord, or a carpet simply extending from a trunk. Even snow and ice that hasn’t been cleaned off of a vehicle’s roof can present a serious hazard for motorists. If it starts to fly off of the vehicle while driving at high speeds on the Northway, there is a strong chance it will hit vehicles following behind.
Obviously, a loose tire, a mattress, a bicycle, or any debris in the roadway can pose a significant hazard to approaching motorists. A driver who had failed to safely secure an object to their vehicle, or who fails to promptly remove the object from the roadway, can be held liable for negligence. The fact that an object falls from a vehicle at all reflects that it was not properly secured, and is strong evidence of negligence.
At Maynard, O’Connor, Smith & Catalinotto, we have encountered all manner of accidents, and are familiar with the issues that will arise. If you or a loved one have been involved in a car accident, please contact the experienced personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto at 800-721-3553 for assistance, and allow us to help you obtain the compensation and recovery you deserve.