If you're recovering from a Virginia car accident after being hit by debris falling from another vehicle, you may be entitled to damages. Here's what you need to know.

The Problem of Falling Debris

Generally, a vehicle carrying cargo must safely secure any transported objects to prevent dropping, shifting, leaking, or falling debris onto the road to avoid creating hazardous road conditions. If the driver is a commercial carrier, both the carrier and the shipper or other third party may be held responsible for falling debris causing property damage and personal injury. If the third party participated in loading the cargo or had prior knowledge that the load would be unsafe to transport and did nothing to remedy the problem, that party could also bear responsibility.     

The Duty of Drivers on The Road

All drivers have a duty to drive responsibly to avoid car crashes, but that doesn't mean that another driver has a specific duty to avoid falling debris. For example, if you didn't swerve to avoid debris because swerving would cause even more dangerous driving conditions, then it may be reasonable not to swerve. When a vehicle has a visible printed warning to other drivers that a load is hazardous, a driver should exercise more caution.

The Need for Direct Evidence

If you've been injured by falling debris, you must be able to show evidence that the improperly secured cargo caused the debris to fall, directly resulting in your injuries. If, however, you tailgated a vehicle with a heavy load or didn't take reasonable precautions to avoid injury from the debris, you may be found partially at fault and therefore unable to recover damages for your injuries in Virginia.

Claiming damages for injuries sustained from falling debris can be complex, especially if multiple parties are involved. These cases require thorough investigation to assess responsibility. Seek the advice of an experienced Virginia personal injury attorney to understand your rights and remedies.

At Ackerman & Falcon, our experienced Virginia personal injury attorneys will help you pursue all your legal rights and remedies under the law. Contact us today at 703-288-1400 for a free consultation about your personal injury from falling debris or contact us online.