GEORGIA, USA — When driving through Central Georgia, we often find ourselves behind vehicles carrying materials.
From construction rigs, lumber trucks and utility vehicles, there's always a risk of something flying off and hitting your car. If that does happen, who is responsible?
We VERIFY.
Question:
Is the driver carrying an object that hits your vehicle responsible for damages?
Answer:
Yes, the driver carrying an object that hits your vehicle is responsible for damages.
Our Sources:
- Georgia State Law 51.1.32 and 40.6.246-1
- Houston County Sheriff's Office
- Bibb County Sheriff's Office
According to state law, 51.1.32, in cases where another vehicle's "single wrongful or negligent act causes or results in" damages to your vehicle's property, you have the right to take legal action against the driver of that vehicle.
In addition, state law 40.6.248-1 says no one should drive a vehicle with an unsecured load, or without a covering to prevent its load from falling.
If your vehicle is damaged by flying debris from another vehicle, take note of the vehicle's tag and alert law enforcement, the Houston County Sheriff's Office said.
"If the vehicle carrying the object strikes your vehicle, then that driver would be at fault for the collision," the Bibb County Sheriff's Office said. "If a driver of a vehicle fails to secure [their] load properly and an object being transported strikes your vehicle, they are at fault."
The Houston County Sheriff's Office said you should alert authorities in the jurisdiction where the accident happened-- not the county or city you might live in.
"Call 911 and have a Law Enforcement Officer investigate the collision. It is okay for the driver to record notes as well i.e., location, vehicle types, damages, any injuries, etc.," Sgt. Christopher Williams with the Bibb County Sheriff's Office said in a statement. "Windshield cracks and dents to a vehicle’s exterior and interior are considered damages."
Cpl. Mark Heberlig from the Houston County Sheriff's Office traffic division said the best way to prevent an accident is by keeping a safe distance between your vehicle and the one in front of you.
Keeping a good distance away also allows you to safely brake and avoid an accident.