12 News reported that an excavator being hauled on a trailer struck the overpass on Interstate 10 under Loop 303, fell off the trailer, and was then hit by the vehicle traveling behind it. No determination of fault has been announced, and nothing here should be read as a finding against any driver or company.
When heavy equipment falls from a trailer onto an Arizona highway and a following driver strikes it, the question is not simply who hit what; it is who was responsible for securing the load and for routing an oversized machine under a bridge. Liability can reach the driver hauling the equipment, the company that employed that driver, the business that loaded and strapped the machine, and any permitting or escort failures by a contractor. A following driver is not automatically at fault for failing to avoid an object that appeared in the travel lane without warning. Arizona uses pure comparative fault under A.R.S. § 12-2505, so even a driver found partly responsible can recover damages reduced by that percentage. Most injury suits must be filed within two years under A.R.S. § 12-542, and claims involving a state or municipal entity require a written notice of claim within 180 days under A.R.S. § 12-821.01.
Who Can Be Liable When Equipment Comes Off a Trailer
Cases involving a load that leaves a trailer usually have more than one possible defendant, and identifying all of them early matters because each may carry separate insurance.
- The driver hauling the load. Responsibility for confirming that a load is secured and that the route clears every structure along it rests with the person operating the vehicle.
- The motor carrier or employer. A company is generally answerable for the conduct of an employee driving in the course of the job, and separately for its own decisions about training, routing, and equipment.
- Whoever loaded and secured the machine. That is often a different business from the one driving, such as a rental yard, a job site contractor, or an equipment dealer.
- A permitting or escort failure. Oversized and overheight moves involve route approvals and, in some cases, escort vehicles. If a public entity is implicated in any part of the claim, the 180-day notice of claim deadline in A.R.S. § 12-821.01 applies and is much shorter than the ordinary limitations period.
If any vehicle involved left the scene, A.R.S. § 28-661 sets out the duty to stop and remain at the scene of a crash resulting in injury or death.
Why Comparative Fault Matters to the Following Driver
Insurers for a hauling company frequently argue that the driver behind should have stopped in time, regardless of how the obstruction got there. Arizona law does not treat that argument as an automatic defense. Under A.R.S. § 12-2505, fault is divided by percentage and your recovery is reduced by your share; there is no cutoff that bars you from recovering simply because you are assigned some responsibility. A driver found ten percent at fault still recovers ninety percent of proven damages. That rule is why an early, documented account of speed, following distance, lane position, and the amount of time between the object appearing and the impact is worth more than a memory reconstructed months later under questioning.
Practical Steps After a Highway Debris or Fallen Load Crash
- Get evaluated even if you feel functional. Impact with a stationary heavy object produces injuries that do not present immediately. A gap between the crash date and the first medical visit is the most common attack on a claim.
- Photograph the scene and the load itself. Straps, chains, binders, tie-down points, and the trailer deck tell the story of how the equipment was secured. That evidence disappears as soon as the scene is cleared.
- Write down the companies, not just the drivers. Names on the truck door, the trailer, and the equipment often point to three separate businesses and three separate policies.
- Send a preservation request early. Commercial vehicles may carry electronic data, dashcam footage, dispatch records, and load paperwork that routinely cycle out of storage within weeks.
- Watch both clocks. Two years under A.R.S. § 12-542 for most injury claims, and 180 days under A.R.S. § 12-821.01 for any claim against a public entity or public employee.
- Do not give a recorded statement to another party's insurer before you understand the fault dispute. You are not required to, and those statements are used to build the comparative fault argument.
If you were hurt in a freeway collision in the West Valley, our Arizona car accident attorneys can explain what your claim is worth and who may be on the hook for it.