We have all seen it while traveling down the highway. A large truck is driving along while debris flies off the back, creating hazards for everyone else on the road. Whether it is produce, construction equipment, or building materials, falling debris is a dangerous impediment for other drivers that is hard to avoid. Even if the debris lands on the roadway without causing an immediate accident, it can lie on the highway and create hazards for other drivers, who must either face damage to their vehicles by driving over the debris or swerve around it, potentially leading to a collision with cars in adjacent lanes. If you have been hurt because of falling debris, the truck accident attorneys at the Law Office of Matt Uhrig have represented many victims in the Columbia area and are ready to help you assert your rights.Holding 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 this 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 involving 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.
The plaintiff can also offer testimony indicating 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 of the back of a truck and put motorists at risk. A plaintiff should also keep in mind that, according to Missouri law, a trucking company can potentially be held vicariously liable for the negligent acts of its drivers. This means that it would be considered accountable for any careless conduct by an employee within the scope of the employment relationship.
Also, the plaintiff would need to show that he or she would not have suffered any injuries had the defendant not acted negligently. In many cases, it is beneficial to have an accident reconstructionist testify about how the debris caused the crash to occur.
Finally, the plaintiff must provide evidence showing that he or she has suffered actual damages as a result of the defendant’s negligence, including any medical bills, medication expenses, repairs to a vehicle, physical therapy, and lost wages. If the plaintiff’s injuries are severe, the plaintiff may be prevented from returning to his or her occupation indefinitely. In this case, the defendant may be required to compensate the plaintiff for his or her loss of future earning capacity in addition to any long-term care expenses. Some additional forms of damages may account for more subjective forms of harm, such as the pain and suffering that the victim experienced.Contact a Knowledgeable Columbia Attorney after a Motor Vehicle Collision
At the Law Office of Matt Uhrig, 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. Experienced injury lawyer Matt Uhrig has represented Columbia residents and others in motor vehicle collision claims. We are ready to provide you with the compassionate and diligent guidance that you deserve. Call us now at (573) 657-2050 or contact us online to set up a free consultation. We also serve accident victims in Jefferson City and Ashland, among other Missouri communities.