Although you can check the road conditions in California before you start your route, there’s always the possibility of facing unexpected road debris. Sometimes, road debris accidents are simply unavoidable, but it’s important to understand who’s at fault when these types of accidents occur. The Law Offices of Jacob Emrani have some helpful information regarding common types of road debris accidents, legal considerations to remember, who may be liable in these accidents, and more.
Common Types of Road Debris
First, it’s important to be aware of the most common types of road debris that drivers may encounter when they’re on the road. This debris may include:
- Lumber
- Tires
- Car parts
- Furniture
- Trash
- Traffic cones or barrels
Legal Considerations in Road Debris Accidents
In California, drivers have a “duty of care” to other drivers, meaning they are responsible for securing loads and preventing negligence when it comes to road debris. Here are some important legal considerations to remember.
- The term “negligence” refers to a party’s failure to provide others with sufficient care.
- Your attorney must prove that one or more other parties’ negligence caused the road debris accident.
- Drivers who fail to ensure their vehicles are in proper working condition are negligent since this could threaten the safety of others, such as having a bald tire that could go flat and come loose, and cause an accident.
- All drivers must prove that they secured their loads properly to avoid a negligence claim.
- Evidence like video footage or witness statements must be provided to prove that the other vehicle did not secure a load properly.
Parties Who May Be Liable in Road Debris Accidents
You may wonder, is hitting road debris an at-fault accident? The answer depends on each case and the specific circumstances. Here are some examples of parties who may be liable in road debris accidents.
The Driver Who Left the Debris
If a driver does not secure their load properly and it comes loose, they are responsible for safely removing it from the road. Drivers who are negligent in doing so may be held liable if that debris causes an accident.
Commercial Trucking Companies
Commercial trucking companies are responsible for training their drivers, maintaining their vehicles, and making sure that all cargo is properly secured. If the company fails in one or more of these duties, the company can be held liable for a road debris accident.
Government Entities Responsible for Road Maintenance
Any government agency responsible for road maintenance is also potentially liable if the agency fails to address hazardous road conditions like debris. The government entity must be notified of the issue and take prompt measures to correct it to avoid liability.
Other Drivers Involved in the Accident
In some cases, another driver may swerve out of the way to avoid road debris and cause an accident. In this instance, they may be held liable, even if they were attempting to avoid running over the debris.
Factors That Affect Liability in Road Debris Cases
Proving liability in road debris cases depends on how well the attorney can demonstrate negligence and show a clear link between the debris, the accident, and any associated damages. Here are some factors that may affect liability in these types of cases.
- The type and origin of debris
- How long the debris was present
- Driver actions, such as negligence or being distracted
- Vehicle owner negligence
Filing a Claim After an Accident Involving Road Debris
Here’s what you need to know about filing a road debris insurance claim after an accident.
- Gather documentation: Get as much documentation as possible, including photos and video, written witness statements, and a police report, before you file your claim.
- Understand liability: Most insurance companies automatically consider you at-fault after a road debris accident, so it’s vital to know how to prove negligence on the other party’s side.
- Contact a lawyer: In road debris accidents, hiring a lawyer is recommended since they know the law and how to present your case in court.
- Document injuries: If you were injured from a road debris accident, make sure you seek medical attention and keep records of all doctor visits, treatments, prescriptions, and bills associated with your care.
- Comprehensive vs collision claims: Debris that actively flies from another vehicle may be covered under comprehensive insurance, which usually has a lower deductible than collision insurance.
Preventing Accidents Caused by Road Debris
Here are some important tips that may help you prevent an accident caused by road debris.
- Always maintain a safe following distance from the vehicle in front of you and use the “three-second rule” as a guideline.
- Be aware of your surroundings and constantly scan the road ahead of you to look for possible hazards, which gives you more time to stop or get out of the way before hitting road debris.
- Make sure you secure your vehicle’s load using straps, tarps, or netting and never overload your vehicle when driving.
- If you’re stuck behind a vehicle with an unsecured load or planning to drive in an area with excessive debris, consider taking an alternate route if possible.
- Slow down gradually if you spot debris in the road to help minimize the impact if you can’t avoid it.
- It’s best to slowly drive over certain small debris rather than swerving to avoid it, which may cause you to accidentally hit another vehicle or lose control.
- Maintain your vehicle and check brakes, tires, and other parts regularly to prevent unexpected hazards.
- If you notice large debris in the road, report it to the local authorities as soon as it’s safe to do so.
Contact The Law Offices of Jacob Emrani Today
If you were involved in a road debris accident in Southern California, it’s important to hire the right attorney. The experts at the Law Offices of Jacob Emrani are available to help with your road debris accident claim. To find out more, call (888) 912-7115 to set up your no-cost case evaluation!