As South Carolina car accident attorneys, we are frequently asked what happens when debris hits a vehicle and causes damages. Accidents caused by debris on US roadways are actually quite common, with more than 200,000 crashes involving debris in a recent 4 year period, according to AAA. This article covers frequently asked questions regarding accidents caused by flying objects and debris such as who is liable, what to do right after the accident, and more.
If you have any questions or would like to get the qualified car accident lawyers at Cavanaugh & Thickens, LLC, on your side, call our office today at (803) 888-2200. For your convenience, we offer free case evaluations directly with a reputable lawyer.
Many accidents involving a flying object or debris happen on freeways and highways, which is especially scary because drivers tend to be going at faster speeds.
Commonly, these accidents lead to:
- Property Damage – Even small objects can cause serious damage such as windshield cracks, busted tires, significant vehicle damage like a totaled or flipped car, and more.
- Physical Injuries – Swerving to avoid an object and/or being hit by a flying object can cause serious injuries, such as neck injuries, back injuries, broken bones, soft tissue injuries, and more.
- Emotional Damages – Unexpected car accidents can lead to more than just physical pain. They can also cause PTSD, anxiety, a fear of driving, and more.
- Hefty Bills: From medical treatment to property damage, the aftermath of these accidents commonly lead to expensive, unexpected bills.
Many times, incidents involving debris damage can be handled on your own with your insurance company. However, if debris causes an accident resulting in injury, it is in your best interest to reach out to a reputable injury attorney to see if you have a case.
Liability Following a Road Debris or Flying Object Crash
First, let’s discuss accidents caused by flying objects.
Accidents caused by flying objects, like a detached tire, wheel assembly, or cargo, are a common form of trucking accident. In fact, the Federal Motor Carrier Safety Administration (FMCSA) has rules and regulations on how vehicles should be maintained and cargo should be loaded, stored, and secured in order to prevent objects from falling off or out of a vehicle.
When a trucking company fails to follow these regulations, it is considered negligence under South Carolina law. If a trucking company or a related entity, such as the party who loaded the truck, fails to properly secure cargo, then they can be held liable if the fallen cargo causes an accident.
Our lawyers have decades of combined experience handling truck accident cases, and have the experience and resources needed to represent your truck accident case. If you think you may have a case against a trucking company due to a falling object, please contact our office today.
Debris accidents may involve a few negligent parties. For example, liability can fall on the vehicle who was carrying the unsecured cargo if you are able to identify the owner/carrier, or in rare cases may fall on the government if they failed to clear the debris after they had notice of it.
Again, in many cases where debris accidents result in property damage, you can typically come to a resolution by contacting your insurance company. If the accident resulted in injury, it is in your best interest to speak with a lawyer to see if you have a case.
Under South Carolina law, you can recover compensation for damages following an accident as long as you are found to be no more than 50% at-fault for the accident. Proving fault after a debris car accident can be very complex without an attorney on your side and depends on the specifics of the accident.
An experienced lawyer will help optimize your personal injury claim and prove liability by recovering evidence such as video footage, witness testimony, and much more.
What To Do After a Road Debris Accident
There are a few critical things you should do following an accident caused by debris hitting your car.
- Ensure everyone is safe.
- Call 911 and report the accident.
- Identify the vehicle responsible for the accident – If possible, try to record anything you remember about the vehicle such as the make, model, company name, etc. It’s important to note that many drivers don’t realize something has fallen off their vehicle and may continue driving. Even if the driver/at-fault party can’t be identified, we can help you file a claim.
- Get witness contact information.
- Gather evidence of the accident – such as photos of the damages and injuries, videos, and more.
- Go to the doctor – even if you feel okay, you should get checked out. Remember, many injury symptoms can take days and even weeks to begin.
- Call Cavanaugh & Thickens, LLC – With decades of combined experience, we are equipped and ready to help.
Contact Cavanaugh & Thickens, LLC
Our team has the resources and experience needed to fight for you inside and outside of the courtroom. After an injury caused by debris, you need a reputable car wreck attorney on your side to gather all available evidence, investigate the cause of the accident, negotiate with insurance companies, and push to get you the entirety of what you’re owed.
For a free case evaluation with our award-winning car accident attorneys, contact our firm today by calling (803) 888-2200, filling out our online form/chat, or emailing info@ctlawsc.com. We look forward to supporting you.
With offices in Columbia and Charleston, our team handles car accident cases throughout the state. In addition, we work on a contingency fee basis, meaning no up-front or out-of-pocket fees. With hundreds of 5-star reviews, you can trust you’re in good hands.