We’ve all driven on a road where we’ve seen items on the side of the easement and wondered how it got there. It’s not uncommon to see sofas, mattresses, or chairs littering highways and roadways. Have you ever stopped to wonder how they ended up there or did they hit anyone’s car on the way to the side of the road?
If you’re traveling behind a hypothetical truck with poorly secured cargo, and it falls into the roadway impacting your car, who’s liable?
Who is Responsible When Something Falls from a Vehicle and Hits My Car?
In this hypothetical scenario, the liability would be on the truck driver to cover any damages and losses caused by their failure to properly secure their cargo. If you or your passenger were injured by the item or an accident was caused by the falling item, the truck driver’s insurance provider would assume the liability.
In cases where the driver was responsible for the fallen item but didn’t know it fell from their car and continued driving, you would likely be forced to file an insurance claim with your provider under your uninsured motorist coverage. If you don’t have this coverage, you should ensure you add it to your policy. It’s typically an affordable add-on, and it could save you immensely if you find yourself needing to cover an accident that wasn’t your fault.
Additional Tips for Handling Roadway Debris Accidents
If you find yourself evading roadway debris, once you’ve hopefully survived the harrowing experience, it can be difficult to know what you should do next. With so much adrenalin coursing through your body after such a serious incident, you would need to start by calming down.
Then, you would do the following:
- Stop Your Car and Pullover: The first thing you should do if debris has impacted your car while driving is to find a place to stop your car. If the debris impacted your window, shattered it, or caused noticeable damage, you should pull over to a safe place and access the damage to your vehicle. If the driver of the cargo vehicle pulled over, you should exchange information and contact law enforcement to have an accident report generated.
- Identify the Liable Party: When debris falls from a vehicle, it’s not the same as a traditional car accident. Even if you saw the debris leave the truck and impact your car, assigning liability may not be so straightforward. Law enforcement will generate an accident report; your legal representative can use this to help determine liability.
- See a Medical Professional: Visit a doctor and get checked out after the accident. Ensure you aren’t suffering from any unseen injuries. Medical treatment early can ensure you have a record of your exam and receive any treatment needed after your accident. Keep all the paperwork from your visit just in case you need them for a personal injury claim.
- Secure Comprehensive Insurance: Once you’ve been in this type of accident, it teaches you a lesson about insurance coverage and planning for unlikely events. Comprehensive insurance coverage protects you against most unforeseen incidents you may experience while driving your vehicle, like fallen debris impacting your car.
- Practice Defensive Driving: Remain alert while you’re driving. Work on practicing defensive driving techniques to ensure you can avoid objects in the road in the future. Keep your eyes on the road and learn to maneuver around obstacles in the road to avoid an accident whenever possible.
Help With Your Bonita Springs, Naples, & Fort Myers Car Accident Claims
Car accidents are traumatic events, so if you and someone you love were injured in a car crash in Bonita Spring, Naples, Fort Myers, or a nearby community, contact Pittman Law Firm, P.L. at (239) 603-6913 to schedule a consultation. We can review your case and help you navigate the car accident claims process.