Who is liable for an accident caused by road debris?

The liability for road debris accidents may be very difficult to prove – and finding the responsible party may be nearly impossible.   Road debris could be pieces of blown tires, mufflers, items that have fallen from trucks or other vehicles; or rocks, boulders, or mud that has entered the road from the roadside. 

If you should have an accident because of the debris; you might be looking to hold someone responsible.  However, this can be very difficult because unless you saw how the object fell on the road; what truck left debris; and were able to get a license number which is unlikely, you may have a difficult time pointing the finger at anyone. On the other hand, the government could be the responsible party as they maintain the road.  Your chances here will be very slim as well.

If you did not see the actual driver that left the debris, you cannot sue the individual for negligence.  Even if you did see the actual vehicle, you would then have to prove that he was negligent in securing his load or that he/she was negligent in driving a car with, for instance, a loose muffler that later fell on the road. 

The local government has some responsibility as well.  It is their job to keep the roads clear of debris; however, holding them liable would be close to impossible.  You would have to show that the government had knowledge of the debris being on the road; and that they did not remove it within a reasonable amount of time.  You may also have to overcome governmental immunity in order to file a claim against the government.

If an accident was due to road debris, contact an attorney to assist you in identifying the responsible party and filing a claim.