Falling Debris

Americans rely on the trucking industry to transport goods from one place to another on a daily basis. Unfortunately, every year a number of people are injured in big rig accidents in the state of Georgia and throughout the United States. While there are strict state and federal regulations pertaining to how cargo should be secured and transported, these rules are often not properly followed, creating a serious hazard for drivers on the road. If you or someone you know was hurt due to falling debris in the Marietta area, you can consult a truck accident lawyer at Miller Legal Services. We can help you seek the compensation you deserve for your injuries.

In the context of truck accidents, debris can include gravel, cement, concrete, frozen materials, steel, dangerous chemicals, logs, or rocks. Many times, these materials fall from trucks because cargo was not initially secured properly onto the vehicle. Other times, they may fall because a safety regulation regarding weight was not properly followed.

A truck driver or trucking company that fails to properly secure cargo or follow safety regulations may be liable for the damages suffered by the victim of a resulting wreck. The injured person can typically file a lawsuit against any parties that contributed to causing the accident, based on the theory of negligence. This is the failure to use reasonable care in one’s actions or omissions. Reasonable care is defined as how a reasonably prudent person would behave in the same or similar circumstances. To prevail in a negligence claim, an individual must establish the following elements:

• The truck driver or trucking company owed the injured individual a duty to exercise reasonable care;
• The defendant breached this duty with some careless action;
• The breach directly caused the accident; and
• The victim sustained quantifiable damages that can be compensated.

An individual who prevails on a negligence claim usually will be entitled to recover compensation for his or her injuries. Typically, these include compensation for medical expenses, lost income and benefits, rehabilitation treatment, repairs to a vehicle, and more subjective forms of harm like pain and suffering.

The victim of a wreck has a limited time period in which to file a personal injury lawsuit, known as the statute of limitations. In Georgia, this type of claim must be filed within two years from the date on which the accident occurred. It is important to note that children and people who are legally incompetent at the time of an injury are entitled to have the statute of limitations “tolled” until they are adults and legally competent.

Falling debris can cause serious accidents on a Georgia highway. Materials that may not be inherently dangerous can nevertheless cause damage when they fall from a truck and travel at high speeds. At Miller Legal Services, our skilled car wreck attorneys zealously assist injured individuals in Marietta and elsewhere in Georgia, including Roswell and Smyrna. Having a qualified attorney on your side can dramatically improve your chances of obtaining the compensation you deserve. For more information, call us at 770-284-3727 or contact us online.