Who Is Liable If a Falling Object Injures Me on the Road?

Winter weather concerns many drivers. There are many perils on the road that come along with winter weather. Drivers are potentially dealing with ice, snow, decreased visibility, and extended nighttime darkness. However, if you are not careful a danger that is often overlooked may hit you square in the face (or windshield): falling objects.

Falling objects cause chaos and untold damage in winter. Whether it is icy tree branches snapping and crashing into the road, or ice chunks flying off uncleaned cars after a storm. These out-of-nowhere, often terrifying encounters can cause catastrophic damage. And victims are often left scrambling, unsure who to hold responsible for your injuries, medical bills, or vehicle damage.

In Illinois, several parties could hold responsibility for injuries or damages caused by a falling object. The specific details of your case matter, and you may very well have a valid personal injury claim. An experienced personal injury attorney with Patel Law, PC can help you assess the merits of your case, and strategize with you to find the next best steps moving forward. Read on for some general information, and when you are ready, contact our respected office and see what our sound legal counsel can do for you.

Common Sources of Falling Object Accidents

It is far more common to encounter dangerous situations with falling objects in roadways than one might think. This is particularly true in winter. Snowdrift may fall from moving cars or overpasses. Tree limbs and utility equipment fall during storms. or utility Falling object incidents on Illinois roads are more common than most people realize. Even something small, like a maintenance tool flying out of a trailer or being dropped in a construction zone can cause devastating injuries and multi-car collisions if a vehicle is hit or the object falls into the roadway.

Who Can Be Held Liable for Falling Objects?

Illinois law bases liability for damages or injuries caused by fallen objects on the concept of negligence. If somebody failed to act with reasonable care, and that inaction caused your injuries, that party may be financially responsible.

Possible liable parties could include:

Truck Drivers/Companies

It can be very dangerous if cargo is not properly loaded or secured onto vehicles. If an object is improperly secured and it falls and leads to injury or damage, those who loaded the vehicle, and/or the employer, could be held liable.

Construction Workers/Companies

Similar to the above, if tools or other unsecured materials fell from a construction site or overpass, the contractor or site manager could potentially have liability for a negligent failure to secure the equipment, or if proper warnings were not put up warning of the potential danger.

Private Drivers

If a regular person is driving their car and has unsecured objects that fly off their car, including chunks of snow or ice that were not cleaned off, the driver may be personally liable for the damage that the object causes.

Government Entities

In rare cases, if a public agency was negligent and that negligence led to the incident, they may be held responsible. For example, this could come into play in instances where a structure or tree is not properly maintained, and something falls and strikes a person or vehicle. These cases are held to strict rules and deadlines; it is important to engage with an attorney timely in order to preserve your claim.

Contact Patel Law, PC

The Springfield personal injury attorneys at Patel Law, PC can help you assess your case and strategize your steps moving forward. Contact our office today.

Sources:

cbsnews.com/chicago/news/dan-ryan-expressway-crash-31-street/

wdrb.com/news/jeffersontown-family-looking-for-answers-after-metal-object-crashes-through-windshield/article_2323bd41-7e74-44c7-85f8-db41b0b5796b.html