Objects Thrown Off an Overpass - Legal Options for Vehicle Damage and Injuries
When the victim of falling objects from an overpass suffers injury or property damage, he or she can pursue one of two options in normal situations. These events provide the person with either or both criminal and civil action against the perpetrators, but the evidence is a necessary and key item to ensure either a conviction or compensation.
The Property DamageWhen a person sees objects falling over an overpass, it can come from eroding concrete or road construction performed inappropriately. However, if someone is tossing objects off the overpass, the items may lodge into the windshield, cause an accident or pierce through various parts of the car. The possible property damage incurred can increase if there are multiple vehicles affected or if there is a multiple-car crash. The property damage usually requires monetary compensation to recover from the incident and ensure the car runs again. This is possible through a civil suit against the perpetrator.
The Injuries of the AccidentWhen objects rain from the sky around an overpass, the driver usually has little time to dodge out of the way. Additionally, if he or she does not see anything, there is no way to get out of the way. This leads to the objects striking what they do when they fall. If the item is sharp or heavy enough, it may pierce through the car and cause injury to the driver or any passengers. The bodily harm sustained can also lead to the death of someone in the vehicle. The severity of the injuries often depends on where the objects strike and with what force.
Criminal Charges for the IncidentThrowing objects off an overpass can lead to criminal charges in the state. It is usually illegal to engage in this activity because of the severe harm that it can cause. Even if there is no injury to others, the simple act of throwing an item off an overpass can cause property damage through a collision or someone crashing into an object on the road. If the object is sharp or thrown from a high location, the velocity and impact can damage vehicles, injury passengers or drivers or even lead to the death of anyone near the road. Some states charge these crimes as felonies.
Civil Case Process for the InjuriesWhen someone suffers injury or property damage for the item that falls from the overpass because of another person, the victim can initiate a civil case for the damages caused. The injuries usually require medical assistance and a recovery period. This leads to a loss of work and additional pain and suffering. Getting to the doctor, purchasing medication and living without basic services can decrease the quality of life significantly. A civil litigation route is an option open to those with significant injuries or harm because of the actions of the person throwing objects off the overpass.
Pursuing the Legal OptionDepending on what the victim of the incident wants to do, he or she will need to either hire a lawyer or contact local law enforcement. The person that is a witness to the crime may need to make a statement and provide testimony in the courtroom for a criminal case and when seeking justice. The cops will usually create a report about the incident and then the prosecuting lawyer will pursue charges against the perpetrator. The more evidence and testimony available, the strong the case is to convict
the person or group responsible.
If, however, the victim wants or needs compensation for the damage caused, he or she will need to hire a lawyer to initiate a claim against the perpetrator. Depending on the state, this individual may only have one to two years to start the claim with enough evidence to seek a successful outcome. The proof acquired will strengthen the case along with any other witness statements that support the argument against the perpetrators. Evidence can also exist in cameras on the road, dash cameras and others that see the person throwing items off the overpass while driving through the overpass.
Overpass Injury Claim Legal HelpWhen suffering injuries through over overpass falling items, it is important to consult with a lawyer to determine what path to take. To start a claim against the perpetrator, the victim will need to hire the lawyer and begin the process. In certain circumstances, the judge may even award punitive damages to punish the culprit.
Provided by HG.org
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.