A Lesson In Being Thankful
Every single time we get on the road, there is a chance that something can go wrong. A local aspiring musician is an example of someone who is able to find the bright side of a situation even when things go very wrong. Despite enduring a six-hour reconstructive surgery on his face, this young man maintained his sense of humor and joked about the accident that cost him the six hours in surgery and a long road to recovery. The man was injured when a piece of metal crashed through his windshield as he was driving on I-95 and hit him in the face. Thankfully, though the man will probably need plastic surgery in the future, he is expected to be okay. The belief is that the metal debris was a piece of a brake drum from a large truck, though it has not been determined definitely if that was the case and, if so, from whose truck it fell.
Liability For Road Debris
If it can be determined what hit this man’s windshield, the next question will likely be who is liable for the accident and resulting injuries. Depending on the facts of the incident, and if it is determined that the debris actually was a piece of a truck’s brake drum, the truck driver may be liable. Certainly if the truck was a private vehicle, the truck owner may bear responsibility. If it was a commercial truck, it may be handled differently, as either the driver/employee could be found to have been negligent, or the truck company itself may be found liable, or it could even be a combination of the two. Under Florida Law Code Section 768.81, damages would be apportioned between parties found to be liable for the negligent act according to their portion that each party’s actions (or failure to act) contributed to the accident. So, in the hypothetical scenario that the debris was a brake drum that fell from a large truck on the highway before crashing through the man’s windshield, a full consideration of the facts to determine if the driver’s actions caused the incident, or whether it negligence on the part of the truck company itself, would be necessary to apportion the damages.
Let Us Assist You with Your Case
If you have been injured as a result of an accident on our South Florida roadways, contact Boone & Davis to learn about what courses of action may be available to you. With years of experience handling all types of accident cases, we are well-equipped to represent you from start to finish and help you get the best results you can. During your initial free consultation with one of our auto accident attorneys, we will help you to understand your rights and responsibilities and how the court system will handle your case. Call us now at 954.556.5260 or reach out to us online to speak with one of our legal professionals today.
