Earlier this summer, Las Vegas authorities reported that a construction beam fell on a car on US-95 located at Centennial Parkway Exit. The accident killed the person in the vehicle. Reports stated that the beam was attached to a tractor-trailer carrying large pieces of construction equipment that hit the vehicle following behind. The victim who was killed in the accident was a Las Vegas Police Officer. According to Nevada’s Department of Transportation (NDOT), the construction beam that hit the vehicle was part of ongoing construction on Centennial Bowl. There are trucking laws that govern height limits for driving under overpasses and strict laws regarding securing loads while in transit.
How to Avoid Falling Debris
Falling debris resulting in a tragic accident is not uncommon on America’s roads. According to a AAA Foundation for Traffic Safety Study performed in 2014, as many as 39,000 injuries and more than 500 fatalities occurred as a result of falling road debris. Common debris may include car parts, unsecured or loose objects, and unhitched tow trailers. There are many ways to avoid this accident, including:
- Always be alert: Noticing debris on the road before it is too late to avoid it can help prevent a serious accident and allow you to swerve or change lanes safely;
- Stay away from distractions: Do your best to avoid distractions so that your remain fully focused on the road and gives you time to immediately react when you see falling debris;
- Do not tailgate: Keeping a safe space between your car and a truck carrying large and dangerous objects allows you to quickly maneuver should something dangerous happen;
- Keep your distance: If you can keep space between your car and the one in the next lane over, you will allow yourself the ability to change lanes or swerve safely in the event of danger.
Common Causes of Falling Debris
There are many causes of fallen debris on American roadways. One cause is negligence. Negligence can occur when a driver fails to properly secure the items onto the back of a truck or does not secure them at all because the driver believes they are too heavy to fall off the bed of the truck. If someone is hurt due to another’s negligent actions, the victim may be compensated for harm suffered. To be paid, however, the victim must prove the following:
- The driver had a duty to load the cargo, protect others, and prevent the cargo from falling;
- The driver breached this duty by failing to secure the cargo;
- The breach was the cause of the accident;
- The victim suffered injuries or damages as a result of the accident.
When it comes to proving fault, it is critical to establish that the driver was in control of the vehicle at the time the accident occurred. Likewise, it is important to show that the accident victim did not contribute to the accident—such as tailgating a loaded truck. Understand, however, that a victim would not be held liable unless there was a warning for falling objects or oversized vehicles.
Contact Our Attorneys
The attorneys at H&P Law have years of experience helping accident victims in and around the Las Vegas area. We can help you navigate the personal injury legal process. Contact H&P Law today for your initial case evaluation.
