RICHMOND— For many Virginians, vehicles often are used to transport everything from home improvement supplies and yard waste to furniture and recreational gear.
But what happens if a seemingly innocuous stack of lumber or prized leather sofa decides to make a break for it on Interstate 81? The consequences of an unsecured load can lead to serious accidents, injuries, significant financial liabilities and even death.
Virginia Farm Bureau Mutual Insurance Co. claims attorney Jay Brown recalled three instances of unsecured loads causing highway injuries from a flying mattress, a bouncing lawn mower engine and two 500-plus-pound hay bales.
In all those cases, the drivers were at fault for failing to secure their loads.
“You must properly tie down a load,” Brown emphasized. “How you do it is somewhat subject to interpretation, but if it comes off, you are responsible.”
In the case of the round bales, 14 of them were secured with just one strap. “That’s just not sufficient,” said John Agee, VFBMIC director of casualty claims.
The driver hit a pothole, two of the bales fell off his trailer and hit two motorcyclists—seriously injuring one of them.
The driver of a vehicle is ultimately responsible for ensuring their load is properly secured. This isn’t just a suggestion; it’s a legal mandate. Virginia Code says that, “No vehicle shall be operated or moved on any highway unless it is constructed or loaded as to prevent any of its load from dropping, sifting, leaking or otherwise escaping.”
It also says that “any person operating a vehicle from which any glass or objects have fallen or escaped which could constitute an obstruction or damage a vehicle or otherwise endanger travel upon a public highway shall immediately cause the highway to be cleaned of all glass or objects and shall pay any costs therefore. Violation of this section shall constitute a Class 1 misdemeanor.”
This responsibility extends beyond tie-downs and tarps. It also encompasses proper weight distribution and ensuring a load doesn’t exceed a vehicle’s capacity. While commercial truck drivers operate under additional federal regulations, the core principle applies to every driver.
Even if someone else helped you load your vehicle, the driver is still the one held accountable if something falls off. It’s imperative to do a final inspection before hitting the road, and to periodically check your load during your trip.
VFBMIC casualty claims manager Darryl Sarver suggested that after you secure your load, “secure it more. You don’t want to be responsible for someone losing a life.”
Other tips for securing loads include: choosing the right vehicle; distributing weight evenly; tying down everything; and covering loose materials.
An unsecured load isn’t just an inconvenience; it’s a serious road hazard. Items falling from a vehicle can lead to other drivers swerving to avoid falling debris, potentially causing multi-vehicle collisions.
If debris strikes another vehicle, it can cause damage to windshields and bodywork. Even if the falling load doesn’t hit other vehicles, it can create hazardous obstacles in the road, particularly at night or in adverse weather.
The danger is not just to other drivers. Unsecured cargo can shift, impacting your vehicle’s handling, making it more difficult to steer, brake or maintain stability.
And if you’re driving and see unsecured loads, don’t follow behind those vehicles, Brown advised.
Virginia drivers responsible for causing an accident are responsible for covering the damages. If your unsecured load causes an accident, auto liability insurance likely will cover damages to the other vehicle and injuries sustained by its occupants. But if the damages exceed liability coverages, you would be personally responsible for remaining costs.
Media: Contact Brown at 804-290-1447, Agee at is 804-290-1463 or Sarver at 804-290-1872.
