When driving on the roads, whether on interstate highways or city streets, motorists can face unexpected dangers from flying debris. Road debris, which includes anything from rocks and fallen tree branches to unsecured cargo and loose vehicle parts, can pose a serious threat to your safety.
If flying debris hits your car, resulting in an accident and injuries, it’s crucial to understand your rights and take the appropriate steps to protect yourself.
Understanding Flying Debris Accidents
Studies performed by the AAA Foundation for Traffic Safety discovered that an estimated 25,000 crashes were caused by unexpected debris in the road. These road debris crashes can occur in various scenarios.
Some common causes include:
Unsecured loads: When cargo, furniture, or other items are not properly secured in a truck bed or on a vehicle’s roof, they can fall off and become dangerous flying objects on the road.
Tire blowouts: Blown tires from other vehicles can send debris, such as tread pieces or even the entire tire, flying towards your car.
Road hazards: Rocks, branches, or other objects on the road can be kicked up by other vehicles, turning into flying debris.
Construction debris: Poorly secured materials from construction sites or road work zones can become airborne and hit other cars.
These accidents can result in severe damage to your vehicle, as well as catastrophic injuries to you and your passengers, such as traumatic brain injuries, broken bones, lacerations, and even fatalities.
Immediate Steps After a Road Debris Crash
Road debris crashes can happen suddenly and without warning, leaving victims in a state of shock and confusion. In the aftermath of such an accident, it’s crucial to take immediate action to protect your safety and legal rights. If flying debris hits your car, your immediate priority should be your safety and the safety of others involved.
Here are the steps you should take:
1. Move to a safe location: If possible, move your vehicle to the side of the road or a safe location away from traffic.
2. Call emergency services: Contact the police and emergency medical services, especially if anyone is injured. Prompt medical attention can be crucial in preventing further complications after car accidents. You will also need a police report for your comprehensive claim.
3. Document the scene: If you’re able, take photographs or videos of the debris, the damage to your vehicle, and the surrounding area. This evidence can be invaluable in supporting your case later.
4. Collect information: Gather the contact information and insurance details of any other drivers involved, as well as the contact information of any witnesses.
5. Seek medical attention: Even if you don’t feel injured, it’s essential to get checked by a medical professional. Some injuries, like whiplash or internal bleeding, may not be immediately apparent.
Possible Injuries from Debris-Related Accidents
In a car accident caused by flying debris, accident victims can sustain various injuries, ranging from minor to catastrophic.
Here are some potential injuries:
Traumatic Brain Injuries (TBIs): The sudden impact of flying objects can cause your head to jerk violently, resulting in a traumatic brain injury. These traumatic injuries can range from mild concussions to severe brain damage, leading to long-term cognitive impairments or even permanent disability.
Spinal cord injuries: Road debris can cause trauma to the spinal cord, potentially leading to paralysis, loss of sensation, or other neurological complications depending on the location and severity of the injury.
Fractures: The force of debris hitting a moving vehicle can cause bones to break, particularly in the arms, legs, ribs, or facial area. Fractures can be simple or compound, with the latter involving protrusion of the bone through the skin, increasing the risk of infection.
Lacerations: Sharp or jagged debris can cause deep cuts or lacerations, resulting in significant blood loss, disfigurement, or potential nerve or muscle damage if not treated promptly.
Internal organ damage: The violent impact of debris can cause internal injuries, such as ruptured spleens, punctured lungs, or damage to other vital organs, which can be life-threatening if not addressed immediately.
Burn injuries: In some cases, road debris can ignite fires or explosions in a vehicle, leading to severe burn injuries that may require extensive medical treatment and rehabilitation.
Seeking medical attention and consulting an experienced car accident attorney is crucial in debris-related accidents. An attorney can help investigate the responsible party, whether it’s a negligent driver in the other car, a government entity responsible for maintaining safe road conditions, or an insurance company denying a legitimate claim. They can also assist in gathering evidence, filing personal injury claims or lawsuits of the negligent party, and recovering compensation for medical bills and other damages if the negligence resulted in injury.
Working with Your Car Insurance Company
After a debris-caused accident, you’ll need to file a claim with your own insurance company.
Depending on the circumstances, your collision coverage or comprehensive coverage may apply.
If there was debris flying from another vehicle, such as an unsecured load, you may be able to file a debris claim against the negligent driver’s insurance company. However, in some cases, the responsible party for the object flying may not be immediately identifiable.
It’s crucial to be cautious when dealing with insurance companies, as they may try to minimize their liability or deny your flying debris insurance claim. This is where an experienced car accident lawyer can be invaluable.
Filing a Personal Injury Claim If Road Debris Hits My Car
If you’ve suffered injuries due to a road debris incident, you may be entitled to compensation through a personal injury claim. An experienced personal injury lawyer can help you navigate the legal process and ensure you receive fair compensation for your medical bills, lost wages, pain and suffering, and other damages.
In the aftermath of a road debris car accident, victims may be entitled to recover a range of damages to compensate for the losses and hardships they’ve endured.
Firstly, medical expenses, including ambulance fees, hospital stays, surgeries, medications, and ongoing rehabilitation costs, can be claimed. Additionally, victims can seek damages for lost income due to their inability to work during recovery or potential loss of future earning capacity if the injuries are particularly debilitating.
Beyond the economic losses, victims may also pursue damages for non-economic harm, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (for spouses). In cases of severe negligence or recklessness, punitive damages may also be awarded to punish the responsible person or entity and deter similar conduct in the future.
Moreover, property damage can be recovered, including the cost of repairing or replacing the victim’s vehicle, as well as any personal belongings damaged or lost in the accident. If the accident resulted in a fatality, the deceased’s family may file a wrongful death claim to recover funeral expenses, lost income, and other damages.
It’s crucial to consult with an experienced accident lawyer who can thoroughly evaluate the circumstances of the case and ensure that all eligible damages are accounted for and pursued through insurance claims or personal injury lawsuits against the negligent party or parties responsible for the road debris incident.
Proving Liability in Road Debris Accidents
In a personal injury claim, you’ll need to establish liability, which means proving that another party’s negligence caused the road debris crash and your injuries. This can be challenging in flying debris accidents, as the responsible party may not always be immediately apparent.
Your car accident lawyer will investigate the incident and gather evidence to support your flying road debris car accident claim.
This may include:
- Witness testimony
- Surveillance footage
- Expert analysis of the debris
- Documentation of the negligent driver’s vehicle or driver responsible for the unsecured load or road hazard
In some cases, liability may extend beyond individual drivers to companies, construction firms, or even government entities responsible for maintaining safe roads.
Preventing Flying Debris Accidents
While a road debris accident can occur due to unavoidable circumstances, there are proactive steps drivers can take to minimize the risks. By exercising caution and following best practices, we can significantly reduce the chances of encountering dangerous flying objects on the road.
Here are some effective ways to prevent these incidents:
- Properly secure all loads, cargo, and equipment properly before driving on roads or interstate highways.
- Maintain your vehicle and ensure no loose parts or debris can fall off.
- Stay alert, don’t drive your vehicle at high speeds, and scan the road ahead for potential hazards.
- Avoid tailgating or driving too closely to another vehicle and practice traffic safety.
If you encounter debris on the road or another road hazard, brake and maneuver carefully to avoid it, but never swerve abruptly, as this can cause you to lose control or collide with other vehicles.
Seek Legal Assistance
If you or a loved one has been involved in a flying debris accident, it’s crucial to consult with an experienced car accident attorney to recover compensation from the person responsible. A skilled personal injury lawyer can help you navigate the complex legal process, protect your rights, and ensure you receive the compensation you deserve for your injuries, property damage, and other losses.
At Crossen Law Firm, our legal team has extensive experience handling personal injury and car accident cases, including those involving flying road debris. We understand the entire process and the challenges these cases present and are committed to fighting for the best possible outcome for our clients.
Don’t hesitate to reach out for a free consultation. Our knowledgeable attorneys will review your road debris case, explain your legal options, and advocate for your rights every step of the way.
Remember, a vehicle accident can have devastating consequences, but with the right legal representation for your personal injury lawsuit, you can seek justice and seek compensation from the insurance company you need to recover and move forward after debris-related crashes.
Call us at 317-401-8626 or contact us online here for a free consultation about your accident.
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