Marietta Injury Lawyer Blog
Imagine driving down a highway in Georgia when suddenly a foreign object smashes straight through your windshield. Although this might seem like a “freak accident,” it is exactly what one woman experienced before she lost her life. What can you do after a car accident in Georgia like this one? Who is responsible for objects smashing through windshields, and how can you pursue compensation for your damages?
Young Woman Dies in “Freak Accident” on Georgia Road
In August 2024, it was reported that a 20-year-old woman had lost her life in Georgia. She was riding in the passenger seat of her boyfriend’s car when a brake caliper smashed through the windshield, impacting her and causing fatal injuries. The authorities later determined that the brake caliper had detached from a nearby truck. The only silver lining was that her death was “almost instantaneous.”
The woman’s brother was quick to highlight the danger posed by loose items thrown into the back of a pickup truck. He stated: “For the ones that drive a truck with stuff thrown in the bed, please take a minute to evaluate the potential risk of those items flying out, causing injury to others.”
There was no word on whether the truck driver faced any criminal charges in the aftermath of this fatal accident. However, one would assume that the truck driver was “at fault” for the accident. Even if prosecutors neglect to file charges, the defendant could still face a wrongful death lawsuit in civil court.
Loose Items Fall Off Vehicles All the Time
Although this has been described as a “freak accident,” the label is somewhat misleading. First of all, the phrase “freak accident” implies that no one was to blame – and this is not always true. When loose items fall off vehicles, the owner is usually at fault. It is their responsibility to secure these loose items – and they may be liable for any injuries caused by these wayward objects.
The phrase “freak accident” is also problematic because of how common these incidents are. This is not like getting struck by lightning, and drivers routinely face serious hazards from random objects coming through their windshields. In the past year alone, numerous drivers have been killed by impacts with loose tires and wheels.
Semi-trucks and other commercial vehicles seem particularly likely to cause these types of accidents. An open-top dump truck may carry all kinds of loose objects – including scrap metal. If a bump or a gust of wind causes any of these metal chunks to fall out, motorists may face serious danger. These hazards are particularly pronounced on highways, where high-speed impacts are common.
The good news is that injured plaintiffs may be able to sue commercial trucking companies in Georgia for these kinds of accidents. At the bare minimum, trucking companies are required to prevent loose objects from falling off their vehicles. They may be held liable for failing to properly maintain their vehicles – especially if this lack of maintenance causes wheels to fall off. They may also be liable for accidents caused by improperly secured loads.