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Car and Truck Crashes

How To Prepare For a Falling Debris Lawsuit

Published June 17, 2020

The main way to recover damages after a big rig crash is to prove that the truck driver, and possibly the trucking company, acted negligently. Here is how you can prepare for a successful lawsuit.


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How To Prepare For a Falling Debris Lawsuit
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We’ve all seen it while traveling down the highway. A large truck drives along while debris flies off the back, creating hazards for everyone else on the road. Even if the debris lands on the roadway without causing an immediate accident, it can lie on the highway and create hazards for drivers, who must either drive over it and face damage to their vehicles or swerve around it, potentially leading to a collision with cars in adjacent lanes. Drivers have rights, so if you have been hurt because of falling debris, you may be entitled to compensation.

Hold a Negligent Truck Driver or Company Liable for your Injuries

The main way to recover damages after a big rig crash is to prove that the truck driver, and possibly the trucking company, acted negligently. There are numerous regulations that apply to the trucking industry, particularly when it comes to how a load must be secured and what a driver must do when debris falls off the back of his or her truck. Additionally, trucking companies are required to provide extensive training to their drivers, especially on topics that involve roadway and motorist safety. If a commercial driver has failed to comply with any of these regulations, or the trucking company failed to properly train the driver, they may be held liable for injuries caused by the falling debris.

You can also offer testimony that indicates that the trucker was operating his or her vehicle unsafely by speeding or making reckless lane changes or turns. These maneuvers may cause debris to fall off the back of a truck and put motorists at risk. You should keep in mind that, according to Missouri law, a trucking company may be held responsible for the negligent acts of its drivers. This means that the company would be considered accountable for its employees’ careless actions.

Also, it’s important to show that you would not have suffered any injuries if the driver had not acted negligently. In many cases, it’s beneficial to have an accident reconstructionist testify about how the debris caused the crash to occur.

Finally, you must provide evidence showing that you have suffered actual damages as a result of the driver’s negligence. This could include medical bills, medication expenses, vehicle repairs, physical therapy, and lost wages. If your injuries are severe and you will never be able to return to your job, the driver or truck company may be required to compensate you for the loss of future earnings. Some additional forms of damages may account for more subjective forms of harm, such as pain and suffering.

Reach Out to a Personal Injury Lawyer After a Collision

At The Law Office of Uhrig & Brown, we understand how devastating a big rig accident can be for you and your family. These crashes are often sudden and unexpected, and they can lead to severe harm. Our compassionate team has represented numerous Missouri residents in motor vehicle collision claims, and we can provide you with the compassionate and diligent guidance that you deserve.

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