Passenger vehicles share the roads with many other cars, pickup trucks, and large trucks. Many of them carry loads of material that can lead to flying debris. If you were hit by debris while you were driving, you could be entitled to recover financial damages from the vehicle’s owner or from the business if the truck that tossed debris was a commercial one.
It can be hard to identify the vehicle and the individual or company that owns it. In the confusion of having your car struck by debris that falls from a vehicle or is kicked up on the road, you may be more focused on getting to a safe location than on gathering information and evidence. A personal injury lawyer can help you do both, prove your right to monetary recovery, and build a strong case file.
Types of Debris That Can Pose a Danger on the Road
You might be surprised at the number of things that fall from other vehicles and put your safety at risk. Some of the dangerous objects that might fly out of a vehicle or be tossed into the air by a vehicle’s tires include:
- Small furniture
- Construction debris
- Dirt and soil
- Car or truck parts
In the immediate aftermath of the accident, you might have a hard time identifying the item that struck you. Even if you know what hit you, you might not know or remember where it came from. An investigation into your accident can help answer these questions.
An investigation can uncover accident witnesses and other avenues that help your lawyer locate the responsible party. If they cannot be identified, a lawyer can help you seek the coverage of your own insurance provider if your policy includes uninsured or underinsured motorist protection. If you need to tap into this coverage, the insurance company may help investigate the at-fault party through a process called subrogation.
Identifying the At-Fault Party
Every car accident, no matter how minor, should be reported to the police and investigated. In an accident like this one, if the truck that threw debris is large enough, the driver might not even be aware of the incident. That makes it important to obtain as much information at the scene as possible. In addition, a lawyer can help prove the identity of the responsible party by:
- Collecting the debris or what remains of it
- Checking it for tags, serial numbers, or other brand markers
- Canvassing the accident scene for surveillance footage
- Locating other drivers who were on the road at the time of the incident
Traffic cams and red-light cams might capture the negligent vehicle’s tags or license plate number. Your lawyer can help locate these cameras and download their images.
Damages You Can Recover After Proving Liability
After a car accident, you can request recovery of many tangible expenses. These are damages that have or will cost you something out of your pocket. They include:
- Past and future medical bills
- Past and future lost wages
- Loss of future earning capacities
- Treatment-related travel expenses
- Property damage or destruction
- Diminished property value
You can also request many types of non-economic damages. These are damages for which you must determine a value. A personal injury lawyer can help you do this. They include:
- Physical disability
- Physical disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Diminished quality of life
A lawyer will help you create a list of your economic and non-economic damages. He can also make sure you have paperwork and documentation that back up your request for recovery.
The Identity of the Liable Party Can Affect Your Filing Deadline
When you decide to pursue damages, you should start preparing your case right away. The sooner you do, the more time you or your lawyer have to investigate the accident. Your state will also have a statute of limitations that must be adhered to. In addition, there may be other timelines to consider.
As your lawyer will explain, you may be required to provide notification to a government entity or municipality if their vehicle was involved in the accident. You do not have to understand or ensure compliance with the relevant notification and filing deadlines. A lawyer in your area familiar with state and local law can explain it for you and the importance of timeliness in the filing of your case.
Call for Your Free Case Consultation Today
If you were injured in a car accident because you were hit by debris while driving, you could have the basis of a personal injury insurance claim or lawsuit. Our car accident team can help you build your case and fight for financial recovery. Find out how by contacting one of our D. Miller & Associates, PLLC™ team members at 1 (855) PRO-LAWYERS today.
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