Falling Debris Caused Injury Accident in Los Banos
The California Highway Patrol (CHP) reported that falling debris caused an injury accident near Los Banos on the morning of June 4, 2020. The incident occurred on northbound Interstate 5 near State Route 165 shortly before 11:00 a.m. A driver reported that their rack came off their vehicle, and the car behind them hit it. This reportedly caused the second vehicle to lose control and veer off the roadway. An ambulance was requested at the scene to render aid to at least one party injured in the car accident, according to the CHP.
What to Do When Falling Debris Hits Your Vehicle
As a driver, you may have come across objects strewn on the road, and those often may have flown off another vehicle. You may ask yourself, “what happens if something falls off a car in front of you and strikes your vehicle?” The driver of the vehicle in which the object fell off would be responsible for any property damage and resulting injuries in this situation. In California, an injured party may be able to recover economic and noneconomic damages through a personal injury claim for medical expenses, lost wages, and pain and suffering.
Negligence in Car Accidents Caused by Falling Objects
To recover compensation through personal injury cases in California, negligence must be proven on the part of the at-fault party. The injured individual will need to prove that the party was negligent in causing the falling debris accident. This requires demonstrating these elements of negligence:
- The injured person was owed a duty of care by the at-fault party
- The negligent person breached that duty of care
- The breach of duty of care caused the accident
- The at-fault party’s negligence resulted in injuries and damages
A duty of care in a falling debris accident would be that the at-fault party was required to exercise due care and safely load objects on their vehicle that will not fall off and possibly injure another person on the road. The injured person will need to prove that the breach of duty of care resulted from the at-fault party failing to secure their cargo, allowing debris to fly off their car and onto the road.
Is There a Filing Deadline for Bringing a Personal Injury Claim?
Most personal injury cases must be filed within California’s two-year statute of limitations. This means that the injured party has two years from the date of the incident to file a lawsuit against the at-fault party if a fair settlement is not reached with their insurance company. However, there are situations where the statutory deadline may be shortened. When a claim involves a government entity for a road defect, the time limit to file a lawsuit is generally 180 days or six months from the date of the accident. If a claim is not filed within the deadline, it may be dismissed and denied by the court, and the injured person may lose the right to recover compensation. To ensure all filing deadlines are met in your case, it is best to hire an experienced Los Banos personal injury lawyer. If you are unsure of what to look for in an attorney to handle your claim, watch the video below.
Should You Get a Lawyer for a Flying Debris Accident in Los Banos?
As always, stay safe whenever you are driving. Keep your eyes on the road at all times to ensure that you are safely able to drive around an object or flying debris in the roadway. In situations when you are not able to and suffer injuries as a result of a flying debris car accident, you may need to seek legal representation to protect your best interests. At AutoAccident.com, our Los Banos personal injury lawyers are well-versed with California’s personal injury laws and will do everything in our power to recover the compensation you need to help pay for the recovery of your injuries and losses incurred.
Personal Injury Lawyer in Los Banos
I’m Ed Smith, a Los Banos personal injury lawyer. Car accidents can result in devastating injuries and losses for those involved. If you or a loved one has been injured after a car accident involving falling debris in Los Banos, please call me at (209) 227-1931 or toll-free at (800) 404-5400 to receive my free, friendly advice.
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