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During the holiday season, many of us are purchasing Christmas trees from retailers. In order to get those Christmas trees home, the retailers may be attaching them to our vehicle roofs for us. Although this is a convenience, who is responsible if the Christmas tree should fall off the roof and cause an accident?

“The answer may be the driver, the retailer, the manufacturer of the system or item being used to secure the Christmas tree, the vehicle rack or someone else. It is a complicated case and should be handled by an experienced attorney,” says Fort Myers Vehicle Accident Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

Christmas is not the only time when road debris may be a problem. Part of the moving process from up north to Florida may involve the hauling of belongings on a personal vehicle either on the roof or in a trailer being pulled. We have all seen them as we travel on highways at speeds of up to 70 mph. Large objects, including mattresses, are flopping in the wind.  

As drivers see on a daily basis, many large 18-wheeler trucks travel on our highways carrying loads which may be dislodged or spilled causing slowdowns and accidents.

The Rosen Report on NBC News reported the week of November 23, 2015 on the “Hidden Danger On Our Roads.” Examples of this used in the report was the death of a truck driver whose rig rolled over and burst into flames after a mattress fell off a van and caused the trucker to swerve losing control of the rig. In June, Abby Matthaeus in Washington State said when a large piece of plywood fell off a vehicle in front of her on the highway, “It happened in a split second. I didn’t have any time to react at all.”

The American Automobile Association (AAA) Foundation for Traffic Safety says that vehicle parts, cargo and other material jettisoned from vehicles is estimated to cause more than 25 thousand crashes per year and have led up to an estimated 100 fatalities.

On October 11, 2015 the Star Tribune in Minnesota reported that Peter Pozorski was lucky to be alive after a freak accident when a hitch fell off a pickup truck two vehicles in front of Mr. Pozorski on a busy highway. When the hitch hit the pavement, it bounced over the vehicle in front of Mr. Pozorski and crashed through the windshield of his vehicle. According to the investigating officers, he was lucky. He barely suffered a scratch.

In addition to mattresses and trailer hitches, everything including couches, refrigerators, doghouses and dishwashers have been known to fall out of vehicles. When delivery trucks spill liquid contents on the road, the debris can be very dangerous to other drivers and requires them to take special precautions.

Road debris often causes loss of control of vehicles resulting in fishtailing and rollovers. When hauling cargo, a driver owes a duty to the other drivers to take reasonable precautions to keep the cargo secure and to drive in a manner that will keep cargo from jettisoning onto roadways.

Who is responsible?

According to Florida law (316.525), a driver may not drive or move any loaded vehicle on the highway if the load is not secure. The load must not be able to drop, shift, leak, or otherwise escape.

316.525 Requirements for vehicles hauling loads.

It is the duty of every owner, licensee, and driver, severally, of any truck, trailer, semitrailer, or pole trailer to use such stanchions, standards, stays, supports, or other equipment, appliances, or contrivances, together with one or more lock chains, when lock chains are the most suitable means of fastening the load, or together with nylon strapping, when nylon strapping is the most suitable means of securing the load, so as to fasten the load securely to the vehicle.

How drivers can avoid the danger of flying or highway debris?

The Rosen Report, mentioned above, says that for less than $20 drivers can use ratchet straps to secure mattresses, and other items, to vehicles instead of using twine. Jeff Rosen also recommends that if drivers see vehicles hauling loads which do not look secure, they stay a safe distance away and call 911 to report the vehicle(s).

Attorney Randall Spivey says, “If you or a loved one has been involved in an accident caused by road debris of any kind, contact our team of experienced attorneys right away.”

Fort Myers Vehicle Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.