When a person is injured in an automobile accident as a result of roadway debris left from a truck, car, bus, or other motor vehicle, the injury victim needs to establish that the debris was left as a result of the negligence of the defendant. In order to establish negligence, the injury victim needs to prove that the defendant breached a duty of care in causing the debris to be left in the roadway, that the defendant’s negligence resulted in harm to the injury victim and the harm was caused by the defendant. In cases of debris which is dropped by commercial vehicles, there are state and federal regulations that place duties upon the other drivers of the vehicles to properly secure items to their vehicles. A violation of the regulation will assist the injury victim in proving negligence.
Further, if the offending driver was engaged in the course of his employment when the negligence occurred, the injury victim may also sue the driver’s employer. This provides the injury victim with another source to compensate him or her for his or her injuries.
If you have any questions regarding a car, automobile, motorcycle, pedestrian or truck accident, whether in Massachusetts or New Hampshire, please contact an attorney at Hamblett & Kerrigan to discuss. Let Hamblett & Kerrigan use their experience in representing injury victims to your advantage.
Kevin P. Rauseo is a former director at Hamblett & Kerrigan P.A. and has since been appointed as a Justice for the New Hampshire Circuit Court. Please feel free to contact another attorney at Hamblett & Kerrigan to discuss your legal issues.