You’re driving on the interstate, appreciating the Nevada landscape. Suddenly, something falls off a passing truck and hits your car. Roadway debris accidents are more common than you might think. The question is, who’s responsible when the unexpected happens? In this guide, we’ll break down the steps you should take and offer tips on handling the aftermath of a debris-related car crash.
What to Do When a Flying Debris Hits My Car?
The first few moments after a piece of fallen debris hits your car can be disorienting. Your adrenaline is pumping, and you might be unsure what to do next. The key is to stay calm and follow these crucial steps:
Ensure Your Safety: Safely maneuver your vehicle to the side of the road, if possible. Turn on your hazard lights to alert other drivers, and ensure everyone in your car is okay.
Assess the Damage: Check for injuries and assess the damage to your vehicle. Please take photos of the scene, capturing the debris and its impact on your car from different angles.
Gather Information: If you can do so safely, gather information from witnesses. Their accounts can be crucial when determining liability later on.
Contact the Authorities: Call the local authorities to report the incident. This step is vital for creating an official record of the event.
Seek Medical Attention: Even if you feel fine, seeking medical attention is essential. Some injuries may not be immediately apparent, and having a medical record can benefit future personal injury claims.
Who is Liable When Something Falls from a Vehicle and Hits My Car?
Determining responsibility in cases where debris falls off a truck and damages your car can be complex. It often involves investigating multiple factors, including the actions of the truck driver, the condition of the truck bed, and whether the debris was properly secured. Understanding the responsible parties is crucial if you are in such a situation.
Truck Driver:
The truck driver is responsible for ensuring their load is properly secured. Negligence on their part, such as failing to secure cargo adequately, could make them liable for the damages.
Trucking Company:
If the debris falls due to a lack of proper maintenance or training within the trucking company, they might share liability. It’s crucial to identify the entity responsible for the truck’s maintenance and the training of its drivers.
Other Drivers:
In some cases, another driver’s negligence could contribute to the incident. For instance, if a driver abruptly changes lanes, causing debris to fall from their vehicle and hit yours, they might be held responsible.
Navigating the Insurance Claim Process:
Your own insurance company plays a crucial role in the aftermath. Comprehensive insurance coverage is designed to handle damages caused by non-collision events, such as flying debris accidents. Knowing the specifics of your coverage is essential. Filing an insurance claim after a debris-related accident involves a series of steps. Here’s a comprehensive guide to help you through the process:
Contact Your Insurance Company: Inform your insurance company about the incident immediately. Please provide them with all the necessary details, including photos, witness statements, and the police report.
File an Accident Report: Obtain a copy of the accident report filed by the authorities. This report is a crucial document when making an insurance claim.
Understand Your Coverage: Review your insurance policy to understand the extent of your coverage. If you have comprehensive insurance, it should cover damages resulting from flying debris accidents.
Seek Legal Guidance: If the responsible party’s insurance company disputes your claim or refuses to compensate you adequately, seeking legal guidance becomes crucial. A lawyer experienced in personal injury claims can help you navigate the legal complexities.
Proving Negligence and Seeking Compensation:
To successfully pursue compensation, you must prove the other driver’s negligence. Here’s how you can build a strong case:
Gather Evidence: Collect all available evidence, including photos, witness statements, and the accident report. The more evidence you have, the stronger your case becomes.
Establish Negligence: Demonstrate how the responsible party was negligent. This could involve showing that the truck driver failed to secure their load properly or that the trucking company neglected maintenance protocols.
Medical Records: If you sustained injuries, medical records become critical evidence. They link your injuries directly to the accident and can support your compensation claim.
Consult a Personal Injury Attorney: Seeking legal advice from a personal injury attorney is a wise step. They can assess the strength of your case, negotiate with auto insurance companies on your behalf, and represent you in court if necessary.
Importance of Legal Representation
The involvement of an attorney in the aftermath of a roadway debris accident is crucial for several reasons. While some individuals may attempt to handle a personal injury claim and legal matters independently, the complexities of personal injury law, insurance negotiations, and potential legal proceedings make an attorney’s expertise invaluable. Here are key reasons why seeking the assistance of an attorney is essential:
Legal Expertise: Attorneys specialize in personal injury law, providing the necessary legal expertise for navigating complexities.
Determining Liability: Attorneys investigate and resolve the responsible party in a roadway debris accident, establishing a foundation for a compensation claim.
Negotiating with Insurance Companies: Legal professionals deal with insurance companies, utilizing their knowledge of tactics to secure fair compensation properly.
Understanding Insurance Policies: Attorneys interpret complex insurance policies, helping clients understand coverage terms, limits, and exclusions.
Proving Negligence: Attorneys work to establish negligence, demonstrating that the responsible party failed to meet their duty of care.
Representation in Court: In the event of unsuccessful negotiations, attorneys provide effective representation in court during personal injury litigation.
Maximizing Compensation: Attorneys aim to maximize compensation for damages, covering property damage, medical expenses, lost wages, and non-economic damages.
Consult with a Seasoned Car Accident Attorney at BLG
Experiencing a car hit by flying debris is stressful, but knowing how to navigate the aftermath can make a significant difference. By understanding the responsible parties, filing an insurance claim diligently, and seeking legal guidance when needed, you can increase your chances of obtaining the compensation you deserve. Remember, you don’t have to face the complexities of a debris-related accident alone; reach out to legal professionals who can guide you through the process and advocate for your rights.
If you’ve found yourself in the unfortunate situation of having your car hit by flying debris, don’t navigate the legal complexities alone. The experienced team at BLG is here to help you every step of the way. Our seasoned car accident attorneys specialize in handling roadway debris accidents, ensuring you receive the compensation you deserve.
Contact us for a free consultation today!
1-800-870-8910