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What Happens If You Are Injured From An Object Falling From A Moving Vehicle?

Florida has the third highest amount of truckers in the country. With so many vehicles hauling goods, there is a high risk of accidents from objects falling from vehicles. When an object falls from a vehicle and causes an accident, the owner or operator of that vehicle may be at fault and liable for any damages. The shipping company and loader may also be liable for the damage.

How Is Liability Determined?

There are two general legal theories on how liability is determined in the cause of an accident or injury caused by an object falling from a vehicle. The first is establishing negligence. There are a couple ways to establish negligence. You may be able to prove that the drive was operating the vehicle incorrectly causing the object to fall and cause an accident. You can also prove that the load was improperly loading, contained, or attached, causing the object to fall. Both the driver and the loader may be at fault simultaneously.

The other legal theory is known as “Res Ipsa Loquitur” which is Latin for “the thing speaks for itself.” Basically Res Ipsa Loquitor applies in cases like this because if a load is properly stored and the driver is driving safely, it’s unlikely an object will ever fall. So in some cases, the negligence speaks for itself because it would not have happened otherwise. Res Ipsa Loquitor is usually applied in cases where an accident was caused by the object but not where the object directly fell onto another vehicle.

Who Is Held Liable?

There are many points of liability in an accident where an object fell off a vehicle. First, if the load was improperly loaded or attached, the shipping company or warehouse may be responsible for the load falling. In order to hold them liable, you will need to prove that the load would not have fallen if the company did its due diligence and exercise a duty of care. Secondly, the owner of the vehicle may be at fault. Trucking is complicated because often the drivers are not the owners of the vehicle. If a company hired a poorly trained driver or did not equip the driver with the necessary training or safety gear, they may be held liable for the accident. Finally, the driver themselves may be held liable especially if they were driving recklessly with the load or not following the law.

Why You Need An Attorney

With so many different points of liability, you may find that their insurance companies will fight over who is actually responsible for the accident. This can drag on and keep you from receiving the compensation you need to remedy the damages. An experienced attorney can do an independent investigation to prove who is actually liable for the accident and then negotiate with the insurance companies to get you a settlement. In a case like this, it is best to have support.

At , Goldman, Babboni, Fernandez, & Walsh, we have over 150 years combined experience dealing with insurance companies after complex accidents. We know exactly what is needed to prove negligence and can help ensure that you get a fair settlement for your injuries no matter who is at fault. So if you’ve been in an accident as a result of an object falling off a vehicle, don’t go it alone. Instead give us a call and see how we can help you.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

What Happens If You Are Injured From An Object Falling From A Moving Vehicle?

Goldman Babboni Fernandez
Murphy & Walsh

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