Falling Debris

Car Accident Lawyers

When bumpy roads and overloaded trucks combine, falling debris can be ejected onto the roadway or directly onto other vehicles. The falling debris truck accident lawyers at Rutter Mills have the knowledge and experience to recover maximum money compensation for our clients when a truck driver’s or a trucking company’s negligence in securing cargo leads to property losses and injuries from falling debris.

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How Is Liability Established in a Falling Debris Accident?

Trucks and other commercial vehicles operate under strict regulations that govern the amounts and weights of their loads, as well as the proper means to secure those loads. Violations of those regulations are often strong evidence of negligence. If that negligence then causes debris to fall from the truck, and that debris damages property or causes an accident with injuries, the negligent parties might then be liable.

An experienced falling debris truck accident attorney will analyze the accident, for example, by interviewing witnesses and reviewing surveillance camera data to develop an argument that the debris was the proximate cause of the damages, injuries and potentially additional car accidents.

Accidents Caused by Falling Debris

At Rutter Mills, we represent motorists in Norfolk, Virginia Beach, Newport News, and elsewhere in Virginia that have suffered property damage and injuries after a truck’s falling cargo causes an accident. Contact us for a free case review today.

Trucks and commercial carriers transport all types of commodities and goods in and through the Commonwealth of Virginia. Virtually any type of debris can fall from a truck and cause motorists to have accidents, including:

Metal or wood construction materials;
Liquids, including toxic chemicals, crude oil, food processing raw materials, and waste effluent;
Loose sand, topsoil, and gravel;
Boxed or packaged goods;
Livestock; and
Components of the truck itself.

If falling debris does cause an accident, the injured party should make every effort to photograph the debris before moving it and to report the location of that debris to law enforcement authorities at the accident scene.

Commercial trucking typically involves multiple parties, each of which may bear some or all of the liability for a falling debris accident:

- Companies or contractors that load and unload cargo;
- The shipping or logistics company that manages the truck’s shipping route;
- The truck’s owner/operator, who carries his or her own accident and liability insurance;

Trucking equipment manufacturers that are obligated to supply workable systems to enable secure loading of a truck.

Each of these parties will carry their own liability insurance, and the policy limits on that insurance are generally much higher than liability policies for commuter motorists. A truck accident lawyer will investigate all of these factors and every party involved in the accident in order to recover the largest possible damages award for a party that was injured by the debris.

The amount of compensation that an injured party will be entitled to receive in a falling debris accident will be a function of the specific facts of each case. The insurance companies that cover commercial trucking operations will often attempt to settle claims at lower amounts that might cover only the immediate property damages and an injured party’s initial medical expenses.

An experienced Virginia truck accident attorney may argue for significantly expanded compensation that includes:

Both initial and anticipated future medical expenses;
Costs for occupational and rehabilitative physical therapy;
Lost wages, and lost employment opportunities;
Pain and suffering;
Loss of companionship and consortium.

Further, in the most tragic instances where falling debris causes a party’s death, plaintiffs can seek reimbursement of funeral expenses and all other damages that may be available for “wrongful death”.

Generally, there are few or no limitations on an injured party’s recovery of damages caused by falling debris. Virginia does adhere to a pure contributory negligence rule, however, and a negligent trucking company and its insurers will often argue that the driver bears some responsibility for his or her own injuries and is therefore not entitled to recover damages. The insurer’s attorneys might argue that the injured motorist was following a truck too closely, or that the driver failed to take reasonable actions to avoid falling debris.

An experienced falling debris truck accident lawyer in Virginia will know how to rebut these arguments and to place liability squarely and completely on the party whose negligence caused debris to fall from a truck’s cargo area.

Next Steps

Injured Because of Road Debris? Call Rutter Mills

The knowledgeable, dedicated lawyers at Rutter Mills work tirelessly to hold negligent trucking companies and commercial shippers liable for the damages that are caused by debris that falls from truck cargo areas. We strive to recover the largest damages awards that may be available for our injured clients, and we are proud that our services are helping to keep Virginia’s roads safe for all commercial and residential traffic.

Please call us to speak with an experienced attorney if you were hurt in an incident involving a truck in Virginia. Don’t leave money on the table by accepting the insurance company’s first offer! All initial consultations are free, and you never owe us money unless we recover money compensation on your behalf.

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A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.

When you’ve got a serious injury, you need a serious lawyer. That’s why we chose Rutter Mills.

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They knew they needed a serious lawyer when Carol and her son were seriously injured. After the other party’s insurance company tried to get her to settle for less than she needed, Carol called Rutter Mills for help. We took on the insurance company so she could focus on healing.

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A Rutter Mills case is a serious case. It may mean you have been badly injured. It certainly means you have a lot on the line, and the resolution of your case will make a big difference to you, your family, and your life moving forward.

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Dorian F.

Joe Young and Kathy Saunders were the absolute best. They kept me informed and properly communicated all information with me in a timely manner. They also were able to get me the amount I requested without going back and forth with me. They were a true pleasure to work with and for this reason I will continue to do business with Rutter Mills.

Chris I.

I can't praise Rutter Mills law firm enough Catherine Foster is not only a great paralegal handling my lawsuit with my lawyer Dan Dallia I truly consider her like family.So many times I was depressed and in pain and she would talk me through it encouraging me to be strong.She is also going through a lot like myself and completely understands and is able to show compassion a fully healthy healthy person couldn't.The discovery she provided me amazed me,and was so thorough very professional.I consider her my friend for life!

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My "Dream Team" Attorney Erik Porcaro and Paralegal Jackie Shuster worked over and above my expectations. She kept an open dialogue throughout the entire process and kept me informed through every phase of my case. I will always come back to Rutter Mills. Thanks for a great experience.

Ridge W.

Gina Montgomery and Morgan Phipps did a phenomenal job with my case! I was involved in a car accident and they helped me get the proper care while I was waiting on my case to conclude and also worked very hard to win my case in the court room.

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