Who Is Responsible For Falling Debris That Causes An Accident?
If your car is hit by road debris, this can cause a lot of damage, and you might wonder which parties might be responsible for the accident. However, whether or not you are allowed to take someone to court over road debris depends on the type of debris that has hit your car.
The Cause of the Debris
The common cause of debris hitting a car is that a car kicks a rock up and it hits a windshield and causes a crack. With this type of accident, you will usually not be able to win your case because it is impossible to prevent something like this from happening.
However, when debris falls off of the vehicle, you may be able to hold the driver responsible for the accident.
Why Debris Might Fall Off a Vehicle
A common problem is when a driver has strapped an object to a vehicle and fails to properly secure it. Or, debris might be placed in the back of a pickup truck. When the debris falls out and hits your car, the driver will be negligent for failing to have properly secured the object.
When debris falls off a vehicle, this can create a dangerous situation. You may be forced to swerve to avoid the debris and might strike another vehicle. The debris might cause serious damage to your car or might even injure you.
Also, if a part of the car falls off, this can also be an indication that the driver was negligent. For example, if a bumper falls off the back of the car and damages your vehicle, this would be a form of negligence.
What to Do After the Accident
Immediately after the accident, you will want to pull over to the side of the road and exchange contact information with the other driver. Contact the police and wait for them to arrive. When the police arrive, they will be able to observe the debris at the scene of the accident and include it in their police report. Then, you will want to work closely with an auto accident attorney to construct a legal case.
An auto accident attorney will be able to assist you in tracking down and interviewing witnesses. After you have interviewed all of the witnesses, you may need additional evidence such as the debris found at the scene of the accident. Because the evidence might be cleaned up quickly, you will want to photograph it quickly.
