You are driving along the Interstate when suddenly, an object flies through your windshield and strikes you, causing you to not only be injured but also wreck your car. The object came from a vehicle just in front of you where the load being carried on the car was not sufficiently secured.
How do you proceed? Do you have grounds to pursue a personal injury claim for your injuries?
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Normal Liability for Damages
Normally, if an object or debris were to fall off of a truck or other vehicle on the road, hitting your own car, the vehicle from which the debris came would not hold liability for your damages. You would need to pursue damages through your own insurance company, including both property and personal injury damages.
The reason for this rule is that things happen. Flying debris is often an unavoidable occurrence while on the road, and even if the driver does everything possible to secure the objects on his or her vehicle, accidents happen.
Normally, you are talking a dinged windshield in terms of damages so it is often not encouraged that you file an insurance claim to recoup your damages.
Negligence in Securing the Load
However, the person carrying the load does hold a duty of care when securing the object to his or her vehicle. If you are driving at a fast speed, an object flying from an already fast-traveling vehicle can cause a great deal of damage, depending on the object.
To prevent harm to others on the road, if someone is carrying an object to his or her truck, he or she must ensure that it is secured and will not fly off of the vehicle, striking others. If that person does not secure the object properly, then a court may find him or her negligent and hold that driver liable for all injuries.
Avoiding an Accident
It may not seem fair, but, as the other driver, you are also charged with a duty of care on the road. That duty is to avoid a collision if it is at all possible to safely do so. Most of us immediately swerve if we see an object flying our way. However, swerving could cause more damage.
If you were not necessarily injured from the flying object but because you hit something as a result of swerving to avoid said flying object, if the insurance company or court finds that it was not reasonable for you to react in the way in which you did, then you may be partially responsible for your damages.
However, if it all happened in a matter of seconds, leaving you very little time to react, the focus will be on the other driver’s negligence in not securing the object properly.
Contact an Attorney Today
If you have been involved in a car accident due to an object hitting your car, you should contact an attorney today 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.
