(Updated: June 13, 2018)
Who is responsible for injuries that occur to victims of debris that is on the freeway?
In Arizona, this is a fairly easy question.
If you can identify the driver that dropped the debris, then he/she is liable. 28-1098A renders a driver liable for failing to secure items in or on the vehicle.
Assume the at-fault driver cannot be found and identified?
Then, so long as you can prove the debris came from a vehicle, the victim can make a claim under the Uninsured motorist (UM) coverage of their own auto policy.
These kinds of accidents happen more often than you think. Know your rights and protect yourself.
Note: Insurance companies HATE these cases and will often fight them. It will be YOUR burden to prove what happened.
Take pictures at the scene (if safe and/or possible). These kinds of cases can be extremely complex, and the more evidence you have, the better your claim chances will be.
Lastly, make sure you have the right law firm representing you. The right law firm can truly make all the difference in your personal injury case.
Questions? Call Zachar Law Firm. We are happy to assist personal injury victims in these cases.