Big Surprise: Is This An Act of God, or Is Someone Liable For This Scary Accident – You Decide the Truth
This accident raises questions about whether it was an Act of God or if someone is liable for the damages.
The video captures a truck driving down the highway near a mountainous range. A rock slides down the hill, striking the vehicle and seemingly demolishing it. Thankfully, the driver escapes serious injury in the accident!
Now, the question arises: who bears liability for the damages?
Proving a Property Owner’s Negligence
The property owner could be liable when an accident happens on someone’s property. The owner is responsible for keeping the property safe so visitors are not injured.
Suppose the victim can prove that the property owner was responsible for an imposing danger on their property that they failed to address and did not warn visitors of. In that case, they may be liable for damages if an injury occurs.
Is the Government Responsible?
Viewers can assume that the incident in this video did not occur on private property. The property is city-owned. So, is the government responsible for damages?
We can’t say for sure, but it’s unlikely. With so much property to tend to, government officials were probably unaware of a precariously set rock. Furthermore, a sudden, unexpected shift could have caused the rockslide- an issue no one could have predicted.
Therefore, we will have to conclude this was an act of God.
Who is Liable for an Act of God?
An act of God refers to an event that is out of a human’s control, such as an earthquake or flood. Also called force majeure clauses, they do not hold anyone liable for injuries and damages. However, they do not mean people and agencies should not exert reasonable care to prevent injuries on their properties.
Fortunately, many insurance policies will cover an Act of God. However, the policies may be specific about the incidents they will cover. For example, some policies will only cover flood damage, and some home policies will expressly exclude acts of God.
Check your insurance policy to learn what you are covered for.
Who Will Cover Damages for This Accident?
We have established that this accident was an act of God, so no one is liable. However, someone has to pay for damages. Who will it be?
Since no one is at fault for the accident, damages will likely be covered by the trucking company’s insurance policy. Hopefully, they will have comprehensive coverage of acts of God. Otherwise, they may have to deal with out-of-pocket expenses.
While this incident is relatively straightforward, establishing liability in a truck accident can be confusing in certain circumstances. For example, a trucking company may be responsible for an accident that occurred because they worked their driver too hard or failed to get essential maintenance. The driver would be responsible for damages if the accident happened due to the driver’s negligence or recklessness, such as a DUI.
Truck accidents could also be the fault of a third party. A maintenance company may be blamed if they performed service on a failed car component that caused the accident. If a company loaded the truck improperly and cargo fell from it and caused the accident, they would be responsible for damages.
