You were driving down the road when debris fell off a UPS truck and hit your car. You might be wondering if you can file a claim to recover compensation for your damages. You might be able to recover damages through a personal injury claim against UPS.
If the debris was cargo or items that fell off the truck because of the truck driver or team members failing to properly secure it, UPS is responsible for the damages that resulted. If it was debris, however, that the driver might not have been aware of or that the trucking company was not responsible for securing, and it had fallen on the truck and blew off or the truck hit it and it flew, it is road debris and UPS is most likely not responsible for the damages.
The laws for the state where the accident took place come into play as well.
If My Car Was Hit By Falling Debris
If the debris fell from a UPS truck and hit your car, you can likely hold UPS responsible for your damages. However, if UPS just ran over some road hazard or debris in the road and it bounced up and hit your vehicle, they are not liable for the damages.
If the load was not properly secured or not properly stacked and shifted, causing debris to fall, then UPS could be held accountable.
You will need to document all the details and ask any eyewitnesses to give statements. You will have to prove that the debris fell off a UPS truck and hit your car. You will then need to pursue a personal injury claim against UPS to receive compensation for your damages.
Pursuing a Claim With UPS’s Insurance Company
To let UPS know you are claiming damages, you will need to send a demand letter. In this letter, include the date and time of the accident and summarize what happened. Explain in detail your damages and itemize the expenses.
Include supporting documents, such as the accident report, witness statements, photos of the accident scene and damages, the written estimate for repairs, and any medical bills or receipts for other expenses relating to the crash.
This letter will make UPS aware of your intent to pursue a personal injury claim. An effective demand letter can get a settlement without the claim having to go to court.
Consult With a Personal Injury Lawyer
If you have suffered damages because debris fell off a UPS truck and hit your car, you should consult with a personal injury attorney. A lawyer will determine the best way to proceed with your claim.
Complete the Free Case Evaluation Form today, so a lawyer can go over the details regarding your case. A statute of limitations applies, so don’t wait too late to pursue your claim.
Additional Resources
- Do You Need a Lawyer if Debris Fell and Hit Your Car?
- Injured By Object Falling From Another Vehicle, Can I File A PI Claim?
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against UPS or any other party, you may not be entitled to any compensation.
