Property damage by unsecured load
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Property damage by unsecured load
I have dash cam footage of debris falling from dump truck and hitting my vehicle
causing roughly 1500 of damage. Commercial vehicle company refuses to
acknowledge the incident and will not provide insurance information. Can i take
them to court with lawyer and get back the 1500 plus court costs and lawyer fees?
Asked on December 18, 2017 under Accident Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue the company for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable dump truck owner would have exercised under the same or similar circumstances to prevent foreseeable harm).
Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs) to your vehicle.
Since the amount is $1500, you can file your lawsuit in small claims court. Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee. There aren't any attorneys in small claims court. You will have difficulty finding an attorney to represent you if you file the lawsuit in a higher court because you were not injured in the accident. Also, the attorney's fee will probably exceed your damages.
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