An improperly secured object falling from a moving vehicle poses a significant hazard. It can strike nearby cars, leaving drivers to deal with expensive repairs, or create a dangerous road condition that causes a motor vehicle accident.
In these situations, the owner or operator of the vehicle carrying the object is typically at fault. This means that if something fell from another vehicle and hit your car, you may be able to bring a claim against the driver. However, you will have to prove that any damages and injuries you suffered were the result of negligence.
Establishing the other driver’s negligence involves proving the following elements:
- Duty of care: The driver of the vehicle carrying the fallen object had a duty to protect others by securing their cargo.
- Breach of duty: The driver failed to uphold their duty by not properly securing the fallen item.
- Causation: The driver’s breach of duty caused an accident or injury.
- Damages: You suffered harm in the form of property damage or physical injury as a result of the falling debris.
All states have fines or penalties for violations of unsecured load statutes. These penalties apply to non-commercial and commercial vehicles. Individuals who are injured as a result of someone else’s negligence in securing a load can bring a claim against the driver on top of these specific penalties.
In these cases, there is one important thing to remember. The main issue is the proximity in time between the falling object and the accident. Your ability to pursue compensation may change if you hit an object that is already on the road.
Schedule a Free Consultation Today
If something fell off a vehicle and struck your car, causing damage or injuries, our attorneys are ready to help. Contact the Law Offices of Humberto Izquierdo, Jr., PC today by calling 770-888-8901 to schedule your free consultation.
Our firm proudly serves clients from Atlanta, Marietta, Cumming, and nearby areas of Georgia. We work on a contingency basis, meaning you do not owe us anything unless we win your case.