Getting Hit by Debris While You’re Driving

Written by Jeremy D. Earle, JD

June 5, 2023

NOBODY WANTS YOU TO KNOW THESE SIX FACTS ABOUT CAR ACCIDENTS

When you’re driving, you might be worried about colliding with a drunk driver or being run off the road by a distracted driver. We all consider possible collisions with other cars, but we may overlook other real-world dangers on the road, such as debris from other cars or trucks striking your car.

Road debris is more common than you might think, and it can cause your car to crash and cause serious injuries.

Cars can be hit by debris in a variety of ways. Consider the following scenario: A contractor loads supplies and equipment onto a truck bed but fails to secure them. The wind whips something out of the contractor’s truck as he travels down the highway, and it flies towards your car. Items may smash through your windshield, either smashing it and frightening the living daylights out of you or piercing it and injuring you or a passenger!

Many drivers get panicked and swerved or crashed as a result.

Here are a few things that no one wants to tell you—not other drivers, trucking firms, or insurance companies (even your own!).

FACT #1

These cases are very complicated, and you’ll need the support of a seasoned legal team to win. We have more than 20 years of expertise in dealing with debris accidents. We are familiar with the legislation and all of the “tricks of the trade,” and we know how to win these cases on behalf of our clients.

If you were involved in a collision caused by debris, call us right away at 719-300-1100 or send us an email by clicking HERE to schedule a free consultation.

FACT #2

When it comes to debris falling free, flatbed trucks pose a significant danger—these trucks transport products that are huge or oddly shaped, such as timber or equipment. When goods are not adequately secured, they may fall off and collide with other cars. The Federal Motor Carrier Safety Administration (FMCSA) has certain requirements to ensure proper cargo loading and security. However, not everyone respects the rules. You’ve probably heard

 

stories of timber and construction equipment falling from a flatbed truck and creating a huge accident involving many cars.

FACT #2.5

Debris may also fly free from other cars. Bike racks, cargo carriers, and other accessories are standard on many cars and SUVs. A broken bike rack or an incorrectly fastened bike might fall from the car and collide with cars behind it. While we don’t consider bike racks especially hazardous, they may cause catastrophic injury if a bike falls off.

Who is to blame?

You want to know who you may hold accountable for your losses, which might include medical costs, lost income, property damage, pain and suffering, and more, just as you would in any other accident.

FACT #3

The driver might be to blame. First and foremost, always glance at the truck or car’s driver. Did that individual fail to secure the objects that became debris correctly, or did he or she drive recklessly, causing the items to go loose? The answers to these questions may suggest that the driver was inattentive.

FACT #4

The cars that create flying debris are frequently owned by corporations, such as construction enterprises or transportation companies. In many circumstances, these firms may be held accountable for the activities of personnel who drove or loaded the car in an unsafe manner. You’ll need an attorney that understands when it’s appropriate to hold businesses accountable since they often have substantial insurance plans that can readily pay your damages.

Generally, the first step following an accident of this kind is to make an insurance claim with the guilty party’s insurance carrier.

FACT #5

You can expect that insurance adjusters will try to restrict your settlement in every way they can, even if they accept blame!

Adjusters will tell you that you can trust them to assist you, yet they’ll utilize whatever you say to lower your settlement offer.

They may be able to lower your settlement by alleging the following: Your injuries were not all caused by this collision.

All of the therapies you underwent were unnecessary.

 

You could have gone back to work sooner.

Even if you have crippling injuries, you can earn a livelihood.

You will not need as much medical care as you claim in the future. You exaggerated your feelings of agony and suffering.

Even if you show proof of your losses, just because you claim a specific amount of losses does not guarantee that insurance providers will automatically give you that amount. They nearly always try to see whether you’ll take a lowball offer initially, and it might take savvy negotiating by an experienced attorney to convince them to raise settlement proposals to the amount you deserve.

An insurance policy may not cover your losses in certain instances, or an insurance company may refuse to make a fair offer. You’ll need to file a personal injury lawsuit in this case. This difficult procedure requires the assistance of a personal injury lawyer from Warrior, Injury Accident Lawyers, who will fight tenaciously for the reimbursement you deserve.

Frequently, the driver is unaware of what has occurred.

FACT #6

In many of these collisions, the drivers may be unaware that debris from their cars has caused injuries. You may not identify the motorist if they simply keep driving. Therefore you can’t hold them accountable for your damages.

Your uninsured motorist coverage should cover damages in this sort of collision, so all hope is not lost.

Even if it’s your policy, the insurance provider isn’t going to make things simple for you. Even if you pay monthly premiums, your insurer will want to keep payments to a minimum. Consult an experienced car accident lawyer if you believe you may need to file an uninsured driver claim. A lawyer can assist you in proving that your collision was caused by another car, as well as the degree of your damages.

THE INSURANCE PROCESS IS OFTEN DIFFICULT FACT #7

You may have to deal with more than one insurance carrier if you need to make several claims. It’s challenging enough to deal with one insurance provider when you’re also dealing with major injuries, medical visits, lost work, the need for home assistance, and so much more.

However, several people might be held liable for the debris that flies into your car, including:

 

The car’s or truck’s driver The driver’s employer.

The team in charge of securing the cargo or loading the debris into the truck

The maker of baggage carriers, bike racks, or other equipment that fails to owe to flaws.

In these cases, you’d have to submit insurance claims against the insurers of all parties who are liable in some way.

When an accident has utterly disrupted your life, the last thing you need is a barrage of phone calls and emails from insurance adjusters. You should not be concerned about expressing anything incorrectly with each discussion. Contact our car accident lawyers as soon as possible after the accident to begin handling all communications right away.

Let us handle your financial rehabilitation while you concentrate on your physical recovery.

FACT #8

If you file a claim, the insurance company will attempt to decrease or reject it. Since policyholders pay high premiums to obtain coverage, many individuals believe that insurance firms should happily issue cheques for losses. Yes, this is how things SHOULD function, but this is seldom the case.

Instead, insurance companies are in business to earn money, and one of the most common ways they do so is by collecting premiums and paying out as few claims as possible. The insurance firms gain, and the wounded victims suffer when this occurs.

Insurance companies use a variety of tactics to take advantage of claimants like you:

DISPUTE LIABILITY

As previously mentioned, you may not know who is to blame for objects or debris flying off cars and hitting your car. The insurance company will undoubtedly attempt to take advantage of this situation by blaming someone else. You may be unsure how to effectively fight the insurance company’s assertion that it is not responsible for your losses. To support your claim, you’ll need complex proof and arguments, which is why you’ll need experienced legal assistance.

DEFENDING YOUR INJURIES AND LOSSES: Just because the insurance company accepts it should be held liable does not imply you will obtain the compensation you need. The insurance company will most likely go through your demand letter and the damages you are entitled to, and then the adjuster will do his or her estimates. These estimations might even result from computer software that doesn’t grasp the agony and suffering that people experience as a result of major injuries.

 

You may be unsure what to do if you get an offer that is much too low. Remember that this is usual and anticipated when it comes to injury claims, and you are under no need to accept the offer. This, in turn, leads us to our following fact—

FACT #9

Never accept a settlement offer without consulting with an attorney. Insurance companies prefer unrepresented claimants because they know you’ll take the first offer you get. Some individuals want a check in their hand as quickly as possible, while others may be unaware that they have another alternative than accepting the offer.

The truth is that if you accept a lowball offer, you will be denied the balance of the compensation you are entitled to. You will be required to sign a waiver as part of the settlement agreement, which waives your ability to pursue extra compensation for the accident. This implies that you will only receive what you accept.

Too many individuals lose out on a lot of money they deserve because they accept a settlement without first having it reviewed by a lawyer. Our car accident lawyers can assess your losses and the settlement offer, assisting you in determining if the amount given is sufficient. If not, we can work with the insurance to obtain you the full amount you deserve, even if it means negotiating with them numerous times.

FACT #10

To acquire the money you need to offset your losses, you may need to file a personal injury lawsuit. Insurance companies may just refuse to pay you a reasonable sum, but you have other choices. Your lawyer may draught and file a personal injury lawsuit in civil court against the responsible parties.

While you may bring a personal injury lawsuit against the driver, corporation, or other irresponsible parties, the parties’ insurance companies are responsible for defending them. This means you’ll be up against the insurance company’s legal staff, and you’ll need a lawyer who can fight back.

There are several phases to a lawsuit, and your attorneys might attempt to settle the matter along the way. When an insurance company understands you have a good case and your lawyer isn’t giving up, it’s common for its representatives to offer you a fair settlement. If you are satisfied with the settlement, you may accept it, and the matter will be closed.

On the other hand, some insurance firms continue to give minimal amounts or even refuse to accept blame. Your lawyer will have to represent you at trial in these situations. This means that the jury will hear all of the evidence from both sides and determine whether or not you are entitled to compensation and how much you should get. While we’d all like to avoid going to court, we may need to do so to safeguard your rights, and you’ll want the appropriate counsel on your side.

A LAWYER CAN ASSIST YOU WITH YOUR CASE

 

You may be unsure what to do after a stunning event, such as having debris fly off another car and strike you. Is it necessary to engage a lawyer? Is it prohibitively expensive? The following facts will clarify how a lawyer can assist you with your debris accident case, as well as why you should never be concerned about the expense.

FACT #11: A lawyer is familiar with the types of evidence required to support your case. Evidence is often required to prove guilt, particularly when parties and insurers attempt to reject responsibility. Most individuals have no idea how to obtain or collect proof to support their claims that certain parties should compensate them for their losses.

The good news is that a skilled car accident lawyer will know exactly what proof you want. We can gather a wide range of evidence, including witness testimony, video footage, documents and records, and more. We can present this information in the most convincing manner possible to make your strongest case—whether directly to the insurance company in settlement discussions or at a jury trial.

Follow your treatment and recovery plan to collect evidence and develop your case. This relieves your worry by knowing that you have someone you can rely on to seek your financial recovery on your behalf.

FACT #12: AN ATTORNEY UNDERSTANDS HOW TO GET A BETTER DEAL. INSURANCE COMPANIES,

As previously stated, have one purpose in mind: to reduce your payment. Even if you requested acceptable damages, expect an initial settlement offer to be significantly less than the amount you wanted for your losses. When they see the first offer, many people are taken aback because it is lower than expected.

While it is always possible to negotiate a better settlement with the insurance adjuster, you may not know how to do it. You may not know what points to make if you’ve never negotiated an insurance deal before.

This is where an car accident attorney may help. We know how to deal with insurance companies and provide a strong case for full reimbursement. Leave the bargaining to us, and you can focus on getting your injuries to heal correctly.

FACT #13

Hiring a car accident lawyer is completely free. Many consumers attempt to manage their insurance claims because they assume that hiring a lawyer would be too costly. Television and movies might lead you to assume that you will never be able to pay an attorney’s high hourly costs. On the other hand, car accident cases are not like the majority of instances you see on TV.

Personal injury lawyers work on a contingency fee basis. This translates to:

 

We provide no-cost case assessments in which we will tell you if you have a legitimate claim, answer your questions, and explain the personal injury procedure to you.

There are no upfront fees if you select us to represent you.

We pay for your inquiry, insurance claim, and, if necessary, a lawsuit.

If we cannot get compensation for you, we will not charge you anything, and you will owe us nothing.

We charge a portion of your settlement as our fees if we successfully get money for you.

The fees are deducted straight from the settlement, so you’ll never have to pay us out of your cash.

The truth is that everyone may afford a car accident lawyer to assist them once their car is damaged or injured by debris. You have nothing to lose by contacting an expert attorney for a consultation and allowing us to assist you.

OUR NATIONAL CAR ACCIDENT ATTORNEYS CAN ASSIST YOU!

Talk to an attorney at Warrior, Injury Accident Lawyers, as soon as possible if you need to make an insurance claim under a third party’s policy, an uninsured motorist claim, or a personal injury lawsuit. Our attorneys will not only relieve you of your tension. Still, they will also do all necessary to ensure that you obtain the maximum amount of financial compensation to which you are entitled under the law.

Our renowned car accident law business, Warrior, Injury Accident Lawyers, has spent 20 years helping victims defend and retain their rights after any form of a traffic accident— whether you were struck by debris or another car—with major offices in Colorado Springs, Colorado. Our legal practice serves clients throughout the country, and we hope to assist you.

Call our office right now to arrange a free consultation if you were injured when debris hit you or your car or in any other form of car or truck accident. You will not owe us a thing until we win your case since we accept all of our injury claims on a contingency fee basis. Call us now at 719-300-1100 or email us by clicking HERE to arrange your case assessment.

Free Consultation

NO FEE UNLESS WE WIN

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