When Road Debris Causes Car Accidents

Car accidents do not always result from driver error. Many collisions occur because of fallen objects, unsecured cargo, or roadside debris that creates sudden hazards for motorists.

Road debris refers to any material, object, or obstruction on a roadway that poses a risk to vehicles. It can come from improperly secured loads, roadway deterioration, weather events, or crashes. Safety studies show that road debris contributes to tens of thousands of accidents each year, often causing drivers to swerve suddenly or collide with objects they cannot avoid. Thousands of people are injured and more than 100 are killed every year. These accidents can be especially dangerous since drivers often have little warning or room to react.

Debris-related crashes are approximately four times as likely to occur on Interstate highways than non-debris accidents. Drivers who hit or are hit by debris were much more likely to be men.

When road debris causes a crash, the same elements as regular accidents apply. There must be negligence involved and it must be proven. Then liability and compensation can be determined.

Determining Negligence

Negligence typically depends on whether a party failed to exercise reasonable care in preventing the hazard. Examples include:

• Not using proper restraints, straps, or covers for cargo.
• Overloading trucks or trailers in violation of safety standards.
• Leaving debris, equipment, or construction materials in active traffic lanes.
• Failing to promptly clear hazards or repair dangerous road conditions.

If it can be shown that a party knew or should have known about the risk and failed to act, they may be found negligent and liable for resulting damages.

Liability for Road Debris Crashes

When debris or cargo falls into the roadway, determining who is legally responsible becomes critical. Potentially liable parties may include:

• Drivers of vehicles carrying cargo if they failed to properly secure their load.
• Trucking companies or contractors when improper loading practices or equipment maintenance caused materials to fall.
• Construction companies or government entities if work-zone materials, tools, or barriers were left unsecured.
• Local or state governments in cases where road maintenance negligence caused objects like tree limbs or damaged signage to pose a hazard.

Insurance Implications and Claim Strategies

Fallen-object accidents often trigger complex insurance claims, especially when the at-fault party is difficult to identify. Victims may pursue claims through:

• The at-fault driver’s liability coverage if the responsible vehicle can be identified.
• Your own uninsured/underinsured motorist coverage if the responsible party cannot be identified or lacks adequate insurance.
• Employer or company insurance policies for commercial trucks or contractors.
• Government claims if the hazard stemmed from roadway negligence (note that there are shorter deadlines and special filing rules).

Contact a Personal Injury Lawyer

Car accident claims can be complex, especially when road debris is the cause. Where did the debris come from and who is liable?

A Houston car accident attorney from The West Law Office, PLLC can answer your questions about crashes and liability. We can help you with physical and financial recovery. Schedule a consultation today by filling out the online form or calling (281) 347-3247.

Source:

aaafoundation.org/prevalence-motor-vehicle-crashes-involving-road-debris-united-states-2011-2014/