Who is Responsible if Flying Debris From a Truck Causes an Accident?

It’s a beautiful morning and you’re heading into work. You’re driving down the highway behind a large garbage truck. Suddenly, a piece of debris comes flying out of the truck. You try to swerve but unfortunately it’s too late. The debris hits your windshield, causing it to shatter. The truck keeps going down the road, oblivious. But your car is a mess. Who is going to pay for this?

Unfortunately, this type of scenario happens all too often. And even though it seems like this is a slam dunk of a case, it’s going to be tough to prove who is responsible for the damages. Unless you have physical evidence, such as photos of the truck’s load not being properly secured or video of the debris falling from the truck at the time of the accident, it’s going to be hard to prove that your car accident wasn’t caused by something else.

So let’s change the scenario and say yes, you have a dash cam video of the debris falling from the truck and hitting your windshield. What’s your next steps? Well, first thing you should do after calling the insurance company is calling a personal injury lawyer who focuses on car accidents, such as Anthony Carbone. Our attorney could then guide you through the process. In a case like this, since it was a truck who caused the damage, you may be able to sue not only the driver but the company as well.

It’s important to remember that you need to have solid evidence of the event occurring, just like any other personal injury case. Make sure you get the truck’s license plate. Get photos of the truck, the load it’s carrying and whether that load is secure. Try to get witness statements if you can.

If you were in a car accident with a truck and need legal advice, we can lend a hand. Contact the Law Offices of Anthony Carbone now for a free consultation.

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