Can I Sue if I Hit Something That Falls Off the Vehicle in Front of Me?

 Posted on November 07, 2026 in Car Accidents

Objects falling off the back of another vehicle into the path of traffic behind them are extremely dangerous. Because of this, Colorado law requires drivers to secure their loads so nothing falls onto the road. If something does fall off, resulting in injuries to other drivers, the driver who failed to secure it can be held responsible for those injuries and other damages.

If you were hurt in a car accident caused by falling objects in 2026, a Denver, CO car accident attorney can help you decide whether you have a claim and how to proceed.

Who Is Responsible When Something Falls Off a Vehicle in Colorado?

C.R.S. § 42-4-1407 states that a vehicle must not be driven on a highway unless it’s built, loaded, or covered so its load can’t blow, drop, leak, or otherwise escape. A driver who breaks this rule can be cited for a traffic infraction. If a car or pickup truck loses its load and causes bodily injury to another person, the charge can increase to a misdemeanor.

Depending on the facts, others may share responsibility too, including:

• The owner of the vehicle, if it’s someone other than the driver
• A company that employed the driver
• A business that loaded the cargo

Commercial trucks also have to follow federal cargo securement rules. Records from the trucking company may show whether the load was properly tied down.

Can You Share Fault for Hitting Debris From the Vehicle in Front of You?

The defense may argue that you should have been able to avoid the object and therefore the accident. Colorado law bars following another vehicle more closely than is reasonable for the speed, traffic, and road conditions (C.R.S. § 42-4-1008). If you were close behind the vehicle, an insurer has a stronger argument that you share the blame. Whether this argument holds up depends on what the insurer can prove about your actions immediately before the accident.

After the accident, take these steps if you’re able:

• Report the accident to police and ask for a copy of the report.
• Photograph the debris, your car, and the scene.
• Keep the object itself if you can do so safely.
• Get the names and phone numbers of any witnesses.
• See a doctor, even if your injuries seem minor.

Colorado uses a modified comparative fault rule when deciding what damages you can recover if you’re partly liable for an accident. Your compensation can be reduced by your share of fault. If your share is 50 percent or more, you can’t recover anything.

What if the Driver Whose Fallen Debris Caused the Accident Kept Going?

Many drivers never notice that something fell off their vehicle. If you can do so safely, note the license plate, the vehicle’s color and type, and any company name on the side. If you have a dashcam, keep the footage of the other vehicle. This can help to identify the driver later. If you weren’t able to get footage of them, ask if any witnesses who saw the accident were there and keep their contact information.

If the driver is never identified, your own uninsured motorist coverage may help pay for your injuries. Whether it covers an unidentified driver depends on your policy’s terms. Colorado auto policies must include this coverage unless the policyholder rejected it in writing, so double-check whether yours has it.

How Long Do You Have to File a Debris Accident Lawsuit in Colorado?

You generally have three years from a motor vehicle accident to sue for bodily injury or property damage (C.R.S. § 13-80-101(1)(n)). Evidence in these cases can disappear much faster, though. The debris may be cleared from the road within hours, and a company may not keep its loading records for long.

Call a Denver, CO Car Accident Attorney Today

Debris-induced accidents don’t always have linear liability, especially when a company’s truck was involved or the driver left the scene. Our Denver, CO personal injury lawyers can work to identify the driver and any business behind the load and pursue a claim against each party who may be liable.

The Gold Law Firm has recovered over $100 million in verdicts and settlements for clients in personal injury cases. To schedule a free consultation with us, call 303-694-4653.