Can I Obtain Compensation If An Object Falls From A Vehicle And Hits My Car?
As much as driving errors are a leading cause of motor vehicle accidents, it is important to note that crashes occur due to many other reasons. For instance, objects falling from vehicles can lead to motor vehicle accidents. According to a study that was carried out by the AAA Foundation for Traffic Safety, between 2011 – 2014, road debris resulted in approximately 39,000 injuries and 500 deaths. Road debris is waste from any source, including but not limited to vehicles, which can pose a significant safety hazard. The Foundation estimates that two-thirds of debris-related accidents are a result of items falling from a vehicle due to unsecured loads and improper maintenance. Additionally, according to the Foundation, more than 1 in 3 accidents involving debris occur between ten in the morning and 3:59 p.m. Usually, people are busy on the road hauling or moving heavy items like construction equipment or furniture between these hours.
So, who do you hold liable in a debris-related accident? Can you obtain compensation after such an accident? If you can show that the object that hit your car fell due to negligence, you might be able to obtain compensation from an at-fault party. To recover compensation, you will have to prove that the falling object was the actual cause of your accident and injuries.
Generally, to prove negligence, you have to show the following:
- Duty of care: the other driver had an obligation to protect other road users around them by preventing the objects that fell from falling.
- Breach of duty: the driver failed to secure the objects and prevent them from falling, thus resulting in a breach of duty.
- Causation: the breach of duty was the direct result of your accident.
- Damages: the accident led to you suffering injuries and/or other damages.
It is crucial to note that if an object falls from a vehicle and hits your car, it doesn’t automatically mean that the other driver is liable for your damages. Sometimes, items fall from vehicles even after a driver has done everything they could to secure the object safely to their vehicle. For example, sometimes, some secure parts malfunction, leading to things unhinging themselves and falling onto the road.
What if the Other Driver Fails To Stop?
What happens in a situation where an object falls from another vehicle and hits your car, but the other driver just keeps on going? If you have uninsured motorist coverage, you can try filing a claim with your insurance company. Generally, to receive payment, you’ll have to prove that the object that fell from the other vehicle was the direct cause of your accident and damages/injuries, and the driver of the other vehicle can’t be located or does not have adequate insurance.
Contact Us for Legal Help
If you have been in a motor vehicle accident caused by an object falling from another vehicle, reach out to a skilled attorney immediately. Our Fort Lauderdale personal injury attorneys at The Pendas Law Firm are here to help. Contact the Pendas Law Firm today to schedule a consultation and discuss your case.
The Pendas Law Firm also represents clients in the Miami, Orlando, Jacksonville, Tampa, Ocala, Bradenton, Daytona Beach, West Palm Beach, and Fort Myers areas.
Resource:
aaafoundation.org/prevalence-motor-vehicle-crashes-involving-road-debris-united-states-2011-2014/
