Motorists face many dangers when traveling on America’s roads, highways, and interstates. Many of these dangerous situations can be avoided when motorists ensure their full attention is on the road, but there are times when paying attention is not enough.
When a truck driver or commercial truck driver fails to secure their cargo or to maintain their vehicle’s condition to the safety standards required by law, flying object accidents can quickly occur. This could be anything from tools flying out of a truck bed to parts of a truck falling off.
If you or someone you love has been injured or had your property damaged in a flying object accident, it is essential to seek legal counsel immediately. Contact the law offices of Florin|Roebig today for a free consultation and case evaluation with the most qualified attorneys in Florida.
Florida Car Accident Statistics for 2023
The following are the car accident statistics for Florida in 2023.
- In 2023 there were a total of 394,593 auto accidents in Florida in 2023.
- From these accidents, 252,252 injuries were sustained and reported.
- Sadly, 3,415 people lost their lives as a result of being involved in an auto accident.
- During the course of 2023, the state of Florida investigated almost 54,800 distracted driving accidents.
- In 2023, there were a total of 105,026 hit-and-run accidents in Florida, resulting in 22,648 reported injuries and 282 deaths.
Common Causes of Flying Object Accidents
Traveling on the roads and highways of Florida can be dangerous in general. These chances of danger and accidents can increase with the possibility of falling or flying objects from a truck. There are several reasons why something could fall or fly off a truck, but the following are the most common reasons:
- Lack of suitable storage: If an object is not stored correctly, it can fall and cause injury and property damage.
- Unsuitable stacking: Objects piled too tall or unevenly can fall off a truck.
- Failure to fasten objects: Improperly secured objects, including tools or equipment, can fall and cause property damage or accidents.
- Human error: Human error can cause falling object accidents, such as failing to inspect equipment properly.
- Mechanical failure: Tools can cause objects to fall unexpectedly, leading to accidents and injuries.
- Insufficient training: Employees who are not adequately trained on safety protocols are at a higher risk of being involved in falling object accidents.
Legal Responsibility and Liability
Flying object accidents generally occur because of the negligence of one or more parties. Trucking companies and other motorists have a legal responsibility to keep the roads as safe as possible.
The following are the most typical forms of negligence in personal injury claims filed by car accident victims:
- Gross negligence: Refers to profound disregard for the safety of others or for traffic laws that result in an accident. Gross negligence must usually occur when filing a claim for car accident injuries.
- Comparative negligence: Most states use this negligence system. It considers a motorist’s level of responsibility for the accident compared to others’ faults. Each party is assigned a percentage of fault, and damages awarded are adjusted accordingly.
- Contributory negligence: You cannot file an auto accident claim to pursue compensation if you are found to be even 1% at fault for the accident.
Determining fault and liability in accidents can be difficult. For instance, an auto factory could be strictly liable for a vehicle’s faulty brakes, while a trucking company might be liable for objects flying off of their company’s vehicles. Courts weigh various aspects when determining fault and liability. Our car accident attorneys at Florin|Roebig can help you reach a proper settlement.
Our Featured Case Results
Steps to Take Immediately After the Accident
If you or a family member have been in an auto accident that was caused by an object flying from or off of a truck, the aftermath can be very frustrating and stressful. If you or a member of your family has been injured in an auto accident caused by an object flying off of a vehicle, follow these steps:
1. Seek Medical Care
The most important thing to do is look for signs of injury to ensure you and your passengers are okay. If injuries do appear, contact 9-1-1 immediately. A medical expert must properly evaluate minor injuries to ensure proper care is provided.
Make sure you hold onto any medical documents and bills you receive connected to the auto accident. These records will be helpful when you are building your case.
2. Collect Contact Information
Gathering the contact information of all the drivers involved in the car accident and providing them with your insurance policy information in return is critical in any kind of accident. It is also necessary to note if any of the drivers are uninsured.
Information to collect includes:
- The names of all the drivers
- License plate numbers for all the cars involved
- Driver’s insurance and policy information for all drivers
- Phone numbers for all drivers involved
- Driver’s license numbers
3. Call The Police
In Florida, all accidents that result in any injury or damage to property must be reported to the local police. Reporting an auto accident with the police guarantees you obtain a police report, which can be used as authorized documentation of the accident and your official statement. These kinds of accident reports can act as helpful proof to support your claim.
4. Get Photos Or Videos
It is essential to begin taking pictures of and recording videos of the accident scene as soon as you and your passengers are safe and away from dangerous traffic or debris. The recording should contain the time and place of the accident.
Take pictures of your injuries, damage to your car, the position of the vehicles, and all license plates. Every detail of the car accident scene can help support your accident claim by assisting you in establishing the scope of your injuries and other damages.
5. Report The Accident To Your Insurance Company
Once you have received proper medical attention and have been allowed to go by the police, you need to contact your insurance agent to document the accident and begin your insurance claim. Florin|Roebig’s attorneys are always available to provide free case consultations.
6. Contact A Florin|Roebig Car Accident Lawyer
Utilizing a skilled car accident attorney is a critical decision for victims after an accident. Hiring a personal injury attorney can assist you in understanding what to say and do on an insurance claim, evaluate all the damages, and ensure you are filing for the highest compensation amount possible.
Gathering Evidence for Your Claim
When you have been in an accident caused by an object flying off a truck, you will need to prove negligence in order to receive compensation. Negligence refers to any behavior or activity that leads to injury, property damage, or other related outcomes.
The individual at fault in your car accident, caused by something falling or flying off a truck or other vehicle, will likely be undeniable. Unfortunately, however, determining fault is not straightforward in most cases.
Res ipsa loquitur is Latin for “the thing speaks for itself” and can be used in court when there is a lack of direct evidence to prove negligence caused an accident. What comprises an accident as res ipsa loquitur is the following:
- Under the driver’s control. The vehicle’s driver must have been in control of the car at the moment of the accident.
- It was out of the victim’s control. The victim did not contribute to the accident in any way (such as not following too closely with the car).
- Common sense. It is believed that the accident that caused the injury can only be caused by negligence.
Trucking companies are required to keep detailed maintenance logs of their fleets, including repairs and general upkeep. Truckers are also required to log when and how long they have been operating the truck.
One way to establish that negligence was caused by a driver failing to secure items on their vehicle or to maintain the vehicle’s condition, which caused it to fall apart, is to find eyewitnesses.
These witnesses can include passengers, other drivers, or pedestrians who may have seen something. Many vehicles also have dash cams that may have caught the accident happening. If you find witnesses, document their statements on your phone and include the date and time.
If the street where the accident occurred has businesses that use security cameras, they may have documented the object falling or flying off. These videos must be acquired through legal routes, so engaging an attorney to assist your case from the beginning can significantly benefit your claim.
Filing a Claim and Legal Considerations
When you have been in an accident due to a truck losing an object or part, you are going to need to file an insurance claim to seek compensation. It is imperative that you contact your insurance provider to start your car accident claim as soon as possible.
The following are the immediate steps you should take when you are ready to start your accident claim:
- Get evidence for your car accident claim: Gather pictures and video recordings of the accident scene.
- Review your insurance policy: Read over your insurance policy and make sure you are aware of what is covered and what you will be responsible for yourself.
- Contact a Florin|Roebig accident lawyer: Employing a personal injury lawyer can be very beneficial to make sure your insurance company cooperates, even if the rest of your case is clear.
- Collect the police report. The police report is a helpful document for your auto accident claim because it is the authorized opinion of what transpired in the accident, including who is at fault and who is liable.
- Contact your insurance agent. Contacting your insurance company quickly guarantees that your claim is investigated and processed in a timely manner.
It is crucial to keep in mind that the statute of limitations for car accidents in Florida is two years. The statute of limitation is the amount of time you have to file an insurance claim or a personal injury lawsuit. If you fail to file by this deadline, you will forfeit your right to seek compensation.
While accident victims are capable of filing their claims, hiring an attorney from the very beginning can help keep your claim on track. If you are interested in seeking legal representation, contact the law offices of Florin|Roebig today.
Potential Compensation for Damages
In many cases, the party at fault for an auto accident is the driver who acted negligently, but many elements can decide who is answerable for damages and compensation. Negligence happens when a driver typically does anything that results in an accident.
Determining fault in car accidents is not always clear. The courts will take into consideration all of these factors when deciding fault or who will be held liable.
The following are some of the factors that impact fault in auto accidents:
- If one of the motorists was negligent.
- If a motorist was under the influence of alcohol or drugs.
- If the road conditions were conducive to an auto accident.
- If the weather itself could have forced an accident to happen.
- Whether or not the automobile malfunctioned due to a factory error.
For instance, If a motorist fails to come to a complete stop at a stop sign, the motorist may be deemed at fault due to their inability to follow traffic laws.
Common Challenges in Flying Object Accident Cases
Being involved in a flying object accident can present many challenges when it comes to building your case. You must be able to prove that the accident occurred because someone was negligent, and you must be able to prove who was negligent.
Trucking companies will have ways to cover themselves legally in case something like this happens. These can include:
- Detailed log books
- Dash cams for further documentation
- Thorough insurance policies
- Skilled legal teams
One challenge in flying object cases is liability disputes, which occur when insurance companies disagree over who is financially responsible for the accident. The Florin|Roebig attorneys are experienced in these types of disputes and can assist you in building a strong claim.
How to Get Help from Florin|Roebig Attorneys
Being involved in a car accident caused by an object flying off a truck means you need to hire a competent and skilled accident lawyer for your claim. If you are interested in working with one of our attorneys, please schedule a free consultation with the Florin|Roebig law firm. There are a few ways to get in touch with our offices:
- Visit florinroebig.com to request more information
- Call our phone number 24/7
- Locate the office closest to you
Frequently Asked Questions
The following are the most frequently asked questions (FAQs) by people who have been involved in accidents caused by flying or falling objects.
What should I do if I can’t identify the truck that caused the accident?
You should report the accident to the police and to your insurance company, both of which are capable of investigating the accident. When you hire an attorney for your accident, they will also be able to use resources you may not have to try and help identify the truck that caused the accident.
Can I still recover damages if I was partially at fault?
Florida is a comparative negligence state, which means that, yes, you may be able to recover compensation for an accident. However, the amount you receive may be deducted from your percentage of fault.
What if the truck driver denies responsibility?
You can still proceed with an insurance claim or accident lawsuit if the truck driver refuses to take responsibility. You will need to use evidence in order to prove that the truck driver caused your accident. Dash cams, witnesses, and physical evidence such as vehicle damage can be helpful.
We Are Nationally Awarded Lawyers
Get Help From Trusted Attorneys Today
When you have been in a car accident caused by negligence, including flying or falling objects from a truck, is never simple. Still, the circumstances can be even more difficult when you are left with costs you may not afford.
If you or a family member has been a victim of someone else’s texting and driving, the experienced personal injury lawyers at Florin|Roebig are here to assist. Please contact the law offices of Florin|Roebig today for a confidential and free consultation about your flying or falling object accident.
