If flying debris hits your car while driving, you may be able to sue multiple parties. Depending on the details of your accident, you may be able to sue other drivers, property owners, and even the city or town responsible for maintaining the road.
Filing a lawsuit after debris hits your car isn’t an easy task. Insurance companies are skeptical of these claims, and you need to hire a lawyer to gather the evidence needed to win your case. Without evidence of liability, it is just your word versus theirs.
Who is To Blame When Flying Debris Hits My Car?
When you’re driving down the road and debris suddenly hits your car, it can create a ripple effect. Your windshield might crack, and your car might sustain serious damage. You might even lose control of your vehicle, causing you to crash into a guardrail or other vehicles. When this happens, you need to know who to hold accountable and how you can collect the compensation you deserve.
When debris hits your car, it may be difficult to determine who is to blame without a comprehensive investigation. Here are some parties that can be sued after a debris accident.
Negligent Drivers
If the source of the flying debris can be traced back to another vehicle, you may be able to sue the driver of that vehicle. This is especially true if their negligence directly contributed to the debris becoming airborne.
For example, if a truck driver fails to secure their cargo correctly, leading to objects spilling onto the road and damaging your vehicle, they could be held legally accountable for your resulting damages.
To file a lawsuit against a negligent driver, your car accident attorney must prove they were negligent when driving or securing cargo. They’ll interview eyewitnesses, examine the crash site and damage to your vehicle, and secure any video surveillance that might show negligence.
Government Entities
In certain instances, flying debris may stem from road hazards or inadequate road maintenance. If this is the case, you may have grounds for a claim against the government entity that is responsible for overseeing and maintaining that particular stretch of road. However, pursuing a lawsuit against a government entity can be tricky due to specific legal regulations and limitations.
You often have very little time to file claims against government entities, so do not delay. Talk to an experienced car accident lawyer at our law firm to ensure that you don’t miss any critical deadlines for pursuing compensation.
Construction Companies
Construction zones are dynamic environments where various materials, tools, and equipment are used. As a result, loose materials and debris can accumulate quickly. If not properly managed and secured, this debris poses a significant threat to passing vehicles.
Objects such as rocks, gravel, bricks, and even larger construction materials can become projectiles when dislodged, potentially striking vehicles and leading to accidents. The damage inflicted on vehicles can vary from minor dents to severe structural damage.
You may be able to hold the construction company or contractor accountable if their negligence resulted in your accident and injury.
Private Property Owners
The flying debris sometimes originates from private property adjacent to the road. If your attorney can establish that the property owner failed to maintain their property safely, you may be able to file a lawsuit against them.
Your attorney must gather evidence demonstrating their negligence to build a solid case against a private property owner. This may entail photographs of the hazardous property condition, statements from witnesses, and any documentation proving that the owner was aware of the danger but failed to rectify it.
Other Potentially Liable Parties
Additional parties may bear responsibility for the damages depending on the unique circumstances surrounding the incident. Your attorney will investigate your accident closely to identify all liable parties. They’ll gather evidence, including eyewitness statements and any available video footage that might shed light on liability.
The Cost of Debris Hitting Your Car
When flying debris hits your car, it can be expensive. Depending on the severity of your accident, you may need to seek compensation to pay for a variety of expenses, including:
- Medical Bills: Medical bills are the foremost expense often incurred in road debris accidents. These costs include hospitalization, diagnostic tests, surgical procedures, medications, and any other medical services necessitated by the injuries sustained in the accident.
- Lost Wages: For individuals involved in road debris accidents, recuperation may entail taking time off work, leading to a loss of income. This loss of wages can be a significant financial setback, especially if the injuries are severe and recovery is protracted.
- Ambulance Transportation Costs: When emergency medical attention is required, ambulance transportation costs can be substantial. The injured party bears these expenses and can contribute significantly to the financial burden.
- Physical Therapy Expenses: In many cases, individuals injured in road debris accidents may require ongoing physical therapy to regain mobility and quality of life. These therapy sessions come with their own set of expenses, adding to the overall costs.
- Pain and Suffering: Beyond the tangible financial outlays, there’s the intangible yet very real element of pain and suffering. The physical and emotional anguish experienced by the victims and their families can be profound. Coping with pain, emotional distress, and the trauma of the accident can be an enduring challenge.
Contact Our Florida Car Accident Attorneys
If you or someone you love was injured in a car accident in Florida, you deserve to have someone on your side fighting for you. Insurance companies don’t always treat accident victims fairly. They care more about protecting their profits than paying out claims. That’s where we come in. At Prosper Shaked Accident Injury Attorneys, PA, our car accident attorneys fight against insurance companies to get our clients the compensation and justice they deserve.
We offer free case consultations to anyone injured in an accident in Florida. Call Prosper Shaked today at (305) 694-2676 or fill out our confidential contact form.