Accidents can happen in all kinds of ways. Not every car accident, for example, has to involve a collision. In fact, sometimes an automobile can be damaged simply through falling debris. It may sound silly, but it can be a serious problem. For instance, young kids or teenagers may find it funny to drop rocks or other debris onto cars from high bridges or overpasses. Or something may simply fall off a passing truck and make its way down to your vehicle.
Either case could lead to disastrous results regardless of whether or not anyone is in the vehicle. In a worst-case scenario, it may even lead to death. If you have suffered a personal injury and/or property damage as a result of falling debris, you may be entitled to seek out compensation for your losses. Working with a seasoned personal injury attorney is the best way you may be able to procure all the damages you are owed.
Regardless of whether or not you choose to pursue legal action, if you have suffered from a falling debris accident, you are probably dealing with a lot of questions. After all, this is not the typical kind of auto accident most people find themselves dealing with! That is why, in this blog post, we aim to help you answer some of the most common of these questions.
This is obviously the number one question people want answered! The answer: it depends. However, there are some certainties you can count on. For one thing, if the debris came from a truck, you should know that trucking companies and drivers will not usually hold any responsibility for your repairs.
This may seem unfair. The reasoning behind this decision is that flying debris is considered unavoidable. In other words, it is just an inevitability that sometimes occurs due to circumstances beyond the trucker’s control. You may, however, still file a claim—but it is still ultimately up to you to file this claim with your insurance company.
You should be able to do this if you have comprehensive coverage. However, you should still make sure that the damage exceeds your deductible before filing. If your damages fall under that amount, it may simply not be financially beneficial for you to file. If you are unsure about any of these variables, talk to your insurance agent or a trusted lawyer to go over all your options.
As we have already established, insurance considers flying debris to be an unavoidable fact of life. Therefore, if you are trying to file a claim due to flying debris, your insurance company will likely consider it to be a comprehensive claim. This means that you will have to pay a deductible. Fortunately, the deductible cost will still be lower than it would be if it were from a normal automobile accident.
You may be asking yourself what exactly comprehensive auto insurance even is. In short, comprehensive insurance is a type of coverage that helps cover motorists against any damages unrelated to standard auto accidents. In most cases, your insurance rates will not be affected by filing a comprehensive claim. However, you should always double-check with your insurance agent to make sure you are making the most informed decision you can.
Of course, every now and then, there are cases of falling debris that were clearly caused by a negligent driver. Alternately, it may be whoever secured the load that was acting negligently. If anyone has not done their proper duty to prevent an accident, then they may be liable for any damages that have occurred as a result of their actions.
With falling debris, this is usually the exception rather than the rule. And most load-bearing vehicles will usually have some sort of sign stating that they will not pay for any damages that result from falling debris. However, if you believe your case was truly caused by negligence, there is no reason to be afraid. These signs are not binding contracts and, thus, have no power in the eyes of the law. A good personal injury lawyer may be able to help you determine whether or not your accident was caused by someone else’s negligence. If it was, you may very well have a viable case on your hands.
Things happen in life. To be more specific, accidents happen—even when you have taken all the proper precautions. Seeing something coming at you while you are behind the wheel is certainly one of the most frightening experiences you may ever experience. Your first instinct may be to swerve away from the oncoming object. In reality, however, this may be the worst mistake you could make.
In theory, swerving away seems like it should work. However, swerving may make it much more likely for you to lose control of your vehicle. This, in turn, could lead to more damage than you or your vehicle might have otherwise suffered. It also has the potential to lead to a collision with either another car or another object. And, of course, there is a number of other accidents that you could end up facing as a result of all this.
If you are able to swerve in a way that will help you safely avoid the falling object, then you should be okay. But if there is any doubt in your mind that swerving is the best option for you, there is one easy alternative: don’t. Keep in mind that windshield damage is relatively minor compared to the other ills you could suffer.
Fortunately, legal recourse is available. At Injury Victim Law, we can help with any personal injury accident you may have had. Though we are a Colorado-based firm, our team of experts and investigators is ready and available to assist victims all across the country. Contact us today to schedule an initial consultation with one of our experienced nationwide car accident attorneys. Let us fight for you.