Car totalled by river rocks falling from dumptruck in the middle of the highway
Location: Ohio
THIS HAPPENED 3 WEEKS AGO. Not me, but my grandmother was driving on I-270 when the dumptruck in front of her dropped its bed and released tons of river rocks directly on to the hood of her car. The dumptruck never stopped and after pursuing it for a while, she gave up, only managing to get the DOT number on the side of the truck. The car is totalled, and insurance is not giving her nearly what the car is worth. We are now interested in pursuing litigation against the truck driver and company, for damages against the car as well as emotional damages from the trauma of what could have been fatal.
The issues:
#1. She called state highway patrol, but never had them show up to the scene because she was in shock at the time. Because of this, there is no body cam footage.
#2. There are traffic cams in the area, but they typically only save footage from 72 hours ago. I just learned of this incident today, and given it happened 3 weeks ago, I doubt there will still be footage from the time of the incident, but I went ahead and made a request anyway. I also checked the flock camera map, but none of them face towards the highway.
The only physical evidence at this point is the damaged car, as well as a bunch of the rocks which hit her still on the side of the road where it happened. Given there is no recordings of what happened, I am concerned that it ultimately will be hard to sue.
I have advised her to talk to a lawyer, which she plans on doing, but I was wondering if there is anything else which can be done at this point.
Do people think we have a case?