Man Dies after being Struck by Road Debris on I-17 in Arizona

A man suffered severe head trauma and died after being hit in the head by a piece of flying metal on I-17. The man was in the passenger seat of a truck moving south on I-17 earlier this month when he was struck by the ratchet part of a tie-down system that came through the windshield.

The metal came from a truck or trailer traveling northbound on I-17 and bounced over the barrier into traffic traveling the opposite direction, and eventually through the truck windshield. Thus far no one has come forward to claim the piece of metal. It is quite possible that someone may not even know it came from their truck. However, if the person is aware that it came from their truck, we hope they will contact the investigators.

In cases like this, liability can be hard to assess considering, if there is no witness, the vast amount of possibilities. Road debris is something that can be very difficult to control especially on highways and freeways with heavy and fast moving traffic. For instance, how does a driver who loses a piece of metal off the back of his/her truck retrieve it when there is constant, steady, and fast moving traffic? We see this happen frequently, but it is probably far more dangerous to go back and pick it up than merely to leave it to the road crews. Certainly, if the object creates a hazard, a quick call to 9-1-1 to alert the authorities is entirely appropriate.

In Arizona, Arizona Revised Statutes, §28-1098 states:

A. A person shall not drive or move a vehicle on a highway unless the vehicle is constructed or loaded in a manner to prevent any of its load from dropping, sifting, leaking or otherwise escaping from the vehicle.

B. A person shall not operate a vehicle on a highway with a load unless the load and any covering on the load are securely fastened in a manner to prevent the covering or load from becoming loose, detached or in any manners a hazard to other users of the highway.

An injured party will have to first prove the object came from a specific truck (this is often denied by the responsible driver). In some circumstances, it may be necessary to prove also that the responsible party was negligent in securing the load.

Assuming the identity of the vehicle or driver from which the debris came cannot be discovered, an injured party may be able to state a claim with their own insurance company, under their Uninsured Motorist coverage. This will requite that they prove that the falling object or roadway debris actually came from another vehicle. This is not always as easy as it sounds, and insurance companies routinely make up all types of different scenarios to suggest otherwise.

If you or someone you know has been injured in a circumstance involving falling or roadway debris, it is proper to call a Certified Specialist in Personal Injury/Wrongful Death law to see if you might have legal recourse. Almost all such attorneys work on a percentage arrangement, so it costs you nothing to see if you might have a claim.