Driving often presents a lot of risks. A lot of elements on the road could potentially lead to an unfortunate incident, particularly on interstates where you also drive alongside commercial vehicles. While the list is rather long, we're going to talk for now about road debris. It may not seem like much, but this small inconvenience can lead to severe accidents that can leave you heavily injured.
According to an AAA Foundation report, more than 200,000 crashes in the U.S. involve road debris, resulting in roughly 39,000 injuries and more than 500 deaths between 2011 and 2014. If you are injured in an accident involving road debris, you should contact a St. Louis auto accident attorney and consult with them about what your next steps should be.
Who Is Liable?
It all depends. In most road debris accidents, the liable party is the driver of the vehicle from which the object or substances fell. However, you’d have to prove driver negligence, such as showing that they did not secure the cargo according to safety standards and therefore acted negligently.
However, it’s possible that the driver is not at fault for the cargo falling. For instance, if they respected protocol and secured the cargo, but it fell anyway, it may be difficult to argue the driver could have predicted the outcome. In these cases, liability can go up the reigns to the company or institution that employs the driver, either a private entity or even a governmental institution.
In either case, it is still the task of the victim to prove negligence. You and your St. Louis car accident lawyer will have to prove that the driver’s employer breached their duty of care and, as a result, it caused the accident and your injuries.
Steps to Take
After receiving initial medical treatment, you may consider filing a claim for compensation, or even opening a lawsuit, particularly if the medical bills start piling up. Because these cases can be very hard to argue, you will certainly benefit from having an experienced attorney in your corner.
Personal injury claims have a rather complex process involving a lot of paperwork, and a lot of back-and-forth between you and the party you’re demanding compensation from. The best way to succeed is to gather sufficient evidence that can clearly show your claim has a basis, and that your request for a settlement is justified. Depending on your case, this evidence file can include:
- Photos taken at the scene of the accident;
- Medical files (bills and prescriptions, history, etc.);
- Witness testimonies;
- Police reports;
A good lawyer can help you gather everything you need to make your case, and negotiate the settlement on your behalf. Particularly if you’re dealing with a company or an institution which can afford a team of legal representatives, it’s advised to work with a St. Louis car injury attorney.
The Hoffmann Law Firm, L.L.C.
7751 Carondelet Ave #601
St. Louis, MO
Call 24/7 for a FREE Case Evaluation :: (314) 361-4242