In today’s post, Attorney Ben Schwartz answers a viewer question about what to do if a block of ice from a tractor-trailer flies off and hits your vehicle.

TRANSCRIPT:

Hi, I’m Attorney Ben Schwartz.

Today, we’re going to answer a viewer question. Tracy in Salisbury, Maryland asks: “Ice flew off the tractor-trailer in front of me on the highway after a snowstorm and hit my car causing me to lose control. Can I sue?”  
Before I give a more accurate answer, I would want more facts about this incident. Generally speaking, the answer is yes. The tractor-trailer driver has a duty to clear the snow and ice off of his truck before going on the road. Since he didn’t do that, it was an act of carelessness or negligence. As a result, ice and snow flew off of the truck and caused your accident. You have the right to bring a claim against that driver.

However, I would need more information. Did the driver stop? Was the driver identified? Did the police track them down? If he was not identified, you may not be able to bring a legal claim or a lawsuit against that driver because you can’t sue somebody if you don’t know who they are.

I would look at your auto insurance policy. Do you have uninsured motorist (UM) coverage? I would want to know what type of coverage you had. If you had UM coverage on your policy, we could make a claim against your insurance for the unknown tractor-trailer driver. This is called a Phantom Vehicle case: the driver of the vehicle who caused the accident flees the scene or was never adequately identified. You would receive from what you would have received from the at-fault driver’s insurance company.

If you have questions for me about automobile accidents, tractor-trailer accidents, or personal injury cases in general, feel free to contact me. Thanks for watching!