Kennewick and the surrounding areas are notable for their beautiful landscapes. These views include Badger Mountain, Rattlesnake Mountain, Horse Heavens Hills, and a whole line of ridges on the southern side of the city. While rockfalls may not happen regularly, when a rock does fall onto a car, truck, or motorcycle; the consequences can be deadly or cause catastrophic damages.
Motorists don’t have any way of anticipating that rocks may fall from above while they’re driving. Drivers are just everyday citizens and not civil engineers. Rocks that fall from above can create havoc on the roadway, similar to the way cargo spills from trucks can create single and multi-vehicle accidents.
Falling rocks can cause a driver to lose control of their vehicle. If a rock strikes the windshield of the car, the odds of a deadly crash increase dramatically. In addition to losing control of the vehicle, if the rock strikes something like a motorcycle directly, the rider may have a fatal accident or may suffer a catastrophic injuries, like a traumatic brain injury.
Who may be liable for a rockfall accident?
Some rockfall accidents are predictable based on prior rockfalls, geological studies, and other evidence. The Washington Department of Transportation may be liable if they are aware of rockfalls along certain highways and routes when they fail to take proper action. Proper action can include:- Construction projects to help ensure that the rock formations are stabilized to prevent random rockfalls on roads and highways.
- Re-routing the highways and roads away from the dangerous rockfall sites.
- Warning passengers that the roads they are traveling on may have falling rocks. Drivers who are warned may be able to take alternative routes to avoid the roads where the rocks are likely to fall.
Can I file a UM/UIM claim for my rockfall car accident?
If there is no basis for filing a liability claim against the state of Washington, a governmental entity or agency, or a third party such as a construction company – accident victims may still have the right to file an uninsured/underinsured (UM/UIM) claim with their own insurance company. Our seasoned Kennewick and Richland personal injury lawyers can explain when you can file a UM/UIM claim, even if there are no liable defendants.What is the value of a rockfall accident claim?
If you are injured due to a rockfall accident, the responsible defendants or the UM/UIM carrier – provided they are liable for the claim – are generally responsible for the following:- All your current and future medical bills. These include ER expenses, the cost to see any doctors, hospital stays including surgeries, rehabilitative therapy bills, the cost of assistive devices such as wheelchairs and prosthetics, and the cost of medications.
- All your lost income and benefits. This also includes compensation if you have a permanent disability.
- All your pain and suffering. This includes the daily aches, pains, worries, and stresses involved with your injuries.
- The loss of life’s pleasures including the loss of consortium (marital pleasures).
- Any damage to your vehicle and property.
- The funeral and burial expenses
- The financial support the decedent would have provided the family members
- The value of the household services your loved one would have provided
- Loss of consortium damages for a spouse or domestic partner
- The value of the love, support, care, and guidance the loved one would have provided the beneficiaries
- Additional damages that may apply if a child is tragically killed in a rockfall accident