You may have been driving down the highway when something flew out the back of a truck from a load that wasn’t properly secured. The debris crashed through your windshield, leaving you with a serious traumatic brain injury.
The other driver, however, says they’re not to blame for the damage to you or your vehicle because it was just a freak accident or an “Act of God.” Are they right?
Drivers are duty-bound to always adhere to traffic laws
Simply, an object flying from the back of someone’s vehicle and hitting yours is negligence on their part.
Drivers must ensure that they aren’t putting other drivers in danger by their actions. Something flying out of a car’s open hatchback or a truck bed because it wasn’t properly secured may cause other drivers to swerve or become incapacitated during impact, leading to serious or fatal injuries. This can be a particular problem in summer when people seem to pile construction materials, tools and even furniture somewhat haphazardly into the backs of cars and trucks without tarps, flags, ties or other good restraints.
In essence, the other driver can’t shirk their responsibilities for your wreck and claim that they are blameless when they put you and others in danger through their negligence. They may try to reason their way out of being blamed for the accident.
You may need to get experienced legal guidance from someone who can help you recover from your losses and injuries – especially if the other driver tries to deny their responsibility for the brain injury they caused.