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Sometimes kids or teenagers think it’s funny to drop rocks or other debris on cars from a bridge or overpass. But that can cause serious damage to your car and it can cause major injuries. You can file a personal injury claim for damages and medical expenses if you are hurt by falling debris that falls on your car.
Working with a personal injury attorney is the best way to ensure that you get the money you need from a personal injury claim. A skilled attorney knows how to prove your case and is your best chance for proving that you were injured or suffered damages due to the carelessness or negligence of someone else.
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
What is Flying Debris?
Flying debris from a truck or a car are pieces of unwanted material such as rocks or plastic that come from the back of an unsecured load. Flying debris can be very dangerous to passing and oncoming traffic that could result in serious damage to your vehicle.
Debis of any nature that falls from a truck that results in damage to your vehicle could be considered unavoidable.
If that is the case, then you may be able to seek damages against the other drivers for damages to your vehicle or you and or any passengers if there were any injuries as a result. That is especially the case if it was due to negligence on behalf of the other driver.
Liability for Damages
Under most circumstances, the trucking company or driver does not hold any responsibility for your repairs. You can make a claim, but it is up to you to make this claim with your insurance company. If you have comprehensive coverage, you should be able to make this claim.
The reason for this is flying debris is considered unavoidable. It happens all the time. Make sure that the damage exceeds your deductible before filing, however.
It may not be financially beneficial to pursue insurance coverage if the damages fall just under that amount. Your deductible will apply, but it may be lower given the circumstances and your insurance policy.
Flying debris accidents are more likely to occur on highways. Have you ever felt anxious when driving behind a trailer with objects that are not tied down well? If the flying debris is large enough, it can cause severe injury to the other person. This happens through extreme force on the outside of the vehicle to extend to the inside which will create injury through collision with the side of the car or other interior objects.
If a flying object hit your car you should call the police and get to a safe location. It is important to collect evidence from the other driver such as personal and vehicle information. In the event that the responsible party does not stop, and you are unable to collect any evidence, you may still be able to file an insurance claim.
Comprehensive Auto Insurance Coverage
If flying debris from a truck hits your car, your insurance provider will most likely consider this to be a comprehensive claim. This is due to the fact that flying debris is considered to be unavoidable. You will have to pay a deductible, but it will be lower than if it were from a car accident.
Comprehensive insurance coverage helps cover motorists against damages not related to car accidents, flying debris hitting truck would fall under that. Fortunately for drivers, filing a comprehensive claim usually won't affect their insurance rate.
In certain circumstances it could affect your rate, but it's always best to double check with your provider to see what the circumstances would be.
Negligent Driver Liability
It is possible that the driver or whoever secured the load was negligent in doing so. In that case, the person who secured load or the company for which they work would be liable for all damages resulting from the falling debris.
This situation would be the exception to what would normally happen in falling debris cases.
What If the Truck Had a Warning Sign?
If the debris has fallen off of a dump truck, most of these vehicles have a sign on the back stating something along the lines of “we will not pay for damages from falling debris.” That sign may sound good and it may scare other drivers off, but it is not by any means a binding contract.
It has no effect in the eyes of the law. Do not let that deter you from making a claim if your car is damaged from falling debris, especially if the driver or trucking company was negligent in loading the material onto the truck.
Cautious Driving
Our first instinct whenever we seeing something flying towards us to swerve, but that reaction could be the worst one you could make. Swerving can lead to:
- More damage to your vehicle
- Loss of control of your vehicle
- A collision with another car
- A collision with an object outside of your car
- Other accidents
The damage your windshield would have suffered from the falling debris would be minor in comparison to what else could happen. If you are able to safely avoid the falling object, then you should be okay. However, if there is any doubt at all, it is best to avoid swerving.
Contact an Attorney Today
If you are the victim of a car accident, it is always recommended you speak with an attorney to discuss your case. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
