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Who is at fault when cargo falls out of a truck and an accident is caused from avoiding it?

San Pedro, CA |

I was on a clear freeway going 55. I checked my mirror to change lanes and by the time I looked back cars in front of me were swerving all over, and the car in front of me slammed on their brakes. I braked hard too but neither of us had time to stop. She hit a delivery truck that swerved into her lane and/or slammed on the brakes, I hit her, and I was hit from behind (that person left the scene).

At the incident the CHP officer said the fault was on the guy who lost his freight.

The police report came out and there is no mention of the freight/obstruction in the road, and now (even though the guy stopped and was apologizing profusely to everyone, incl CHP, "I'm sorry, I thought I tied it down!")100% of the blame is on me!?! How is this possible? Am I 100% at fault?!?

Attorney Answers 3


  1. The easiest solution is to report the accident to your insurer and let it conduct an investigation into fault.

    This response is general legal and business analysis and not legal advice; thus, other attorneys may analyze this issue differently, particularly if there are undisclosed facts. I am licensed to practice in CA, but I am not your attorney and this response does not create an attorney-client relationship between us. Please review Item 9 of avvo.com’s terms and conditions, which is incorporated by reference as it if was reprinted here in full.


  2. Contact your insurance company. The company is responsible for creating the obstruction in the roadway. You'd have to show it created an unavoidable wreck or you couldn't have avoided it. It sounds like an error.


  3. Unless you have some uncompensated damages, like injury to your person, or out of pocket expenses like a rental vehicle, I would go to the CHP and politely ask to give a supplemental report. Then report to accident to your insurance company.

    If you have some uncompensated damages, then you should consult with a personal I jury lawyer in the county of the accident.

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