How An Accident Involving Falling Debris Can Indicate NegligenceShare
Drivers transport cargo and debris frequently. Unfortunately, some drivers do not properly secure their debris and your vehicle might be hit by falling debris. If this occurs, you'll want to do everything you can to seek compensation for the damage done to your vehicle and any injuries you have suffered from the help of an experienced auto accident attorney.
Examples of Falling Debris
Anyone operating a vehicle can become a hazard in this way. A motorist might be coming home from the store with a large purchase that is sitting in the back of the truck unsecured. Or, a commercial driver might be transporting a dump truck, and debris might fall out of the back and hit your vehicle. Something as simple as a luggage rack can have luggage that is not properly secured. The unsecured luggage will then become a road hazard.
The Danger of Falling Debris
Not only can falling debris damage your car itself but the debris can also force you to change lanes abruptly and can cause you to lose control and crash your car. You may try to swerve and avoid the debris or the debris might be so large that it pushes your car into another vehicle. When this happens, the insurance provider of the other motorist will likely want to know what caused the accident. You must prove that the falling debris was responsible so that you won't be held liable yourself. In some cases, the debris itself is enough to penetrate your windshield and injure you.
One of the challenges of a case involving falling debris is proving that the debris fell from that particular truck. In some cases, you might be lucky and the motorist might admit to being responsible for the accident. However, in other cases, you will need to rely on witnesses and on an auto accident attorney who has contacts with specialists who can help reconstruct the scene of the accident and find out how the falling debris contributed to it.
Another challenge of proving liability is that some accidents involving debris are seen as being unavoidable. For example, if a truck kicks a rock up and it hits your windshield, this is usually treated as something that is unavoidable. To hold a driver liable for the accident, you will need to show that the motorist did not drive as a reasonable motorist would or was violating the law. While some cases can be difficult to prove, they aren't impossible with the right legal representation.
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