It is unusual to be hit by a rock while driving a car except when maintenance crew have left the sides of the road you are driving on in an unsafe state. Usually, if those in charge of the road’s status know about loose rocks then they will either close the road or erect a warning.
If a hazard is known about but nothing is done to correct it or warn of danger, this may be grounds for a personal injury claim against the relevant authority. Talk to a personal injury attorney about making a claim as soon as your injuries allow you.
Damages Due to a Falling Rock Accident
The damage done by a falling rock can either be very minor or very severe, depending on the size of the rock and where it hit your vehicle. How you responded when the rock fell on top of your car will also have an effect on the scale of damage done.
You may be able to claim damages if it can be proven that the rock fall was due to human negligence. Your car will almost certainly be quite badly damaged and will either need repairing or replaced. You and any other occupants could have been badly hurt. You may have lost time at work because of the accident.
All these effects are potentially costly. Your claim against whoever is found to have been at fault, if anyone, should include compensation for these three things as well as compensation for pain and suffering caused.
What You Could do at the Site of the Accident
What you can do at the scene of the accident depends on how badly you and anyone else was injured. Here is what can be done:
- You should attend to injuries first and the safety of anyone else involved.
- There may be other rocks loose and you should ensure that people are safely kept away from any other falling rocks.
- Call the police if the accident was serious once injuries are attended to if one did not come with the ambulance.
- You may need to call a tow truck if your vehicle cannot be driven away.
- Take photos of the crash scene, including the position of the rock and the area from which it came.
- If you can, jot down what you remember about the falling rock, especially if it came from a manmade location or work site.
- Get any witness statements and contact information if you are able to.
What Should Be Done After Leaving the Accident?
After the accident, you still have some documents and steps you will need to complete.
- You will need to inform your insurance provider about the damage and injuries.
- In the event that no-one is found responsible for the falling rock other than Mother Nature, you may be forced to make a claim with your own insurer.
- The police may have found out why the rock fell at that precise point and your attorney may be able to find out any more information.
- You cannot claim compensation unless a human reason for the accident is discovered and proof of negligence is obtained.
- If human negligence is suspected, you should make sure that you collect as much documentation as possible to support a possible claim. This would include:
- doctor’s report;
- medical bills;
- evidence of lost earnings;
- report from your car repair yard and bills for repair or replacement of property damaged;
- photos taken at the scene;
- why you think that the accident was someone’s fault.
Why You Should Contact a Lawyer
It might be challenging trying to link the falling rock or rocks with a human act. You do need to prove negligence and if no-one was around this may be difficult, although not impossible. You should contact an experienced personal injury attorney as soon as you can to discuss the circumstances and show whatever evidence you have available.
The attorney will probably have handled a case like this before and may be able to find out whom or what was to blame. Use the Free Case Evaluation Form available below to help you choose a suitable lawyer.
