Road debris causes accidents on rural roads, urban highways and parking lots every day in the United States. Road debris can be found in all seasons and all conditions. It can result in serious and fatal injuries when struck by an unsuspecting driver. Road debris can be anything from blown-out truck tires, to mattresses from an unsecure load, to downed trees or branches.
Negligent Failure to Secure Load
There can be multiple parties responsible for an accident caused by debris left in the road. The person who fails to secure his load, loses some part of the load, and fails to retrieve the load from the street is liable because it is negligent for a person to travel the roadways without securing a load properly.
Negligent Road Maintenance
The company/city/state responsible for keeping the roadway safe may also be liable. It is the duty of the group responsible for maintaining the road to make sure there is no debris in the road which may cause damage to a car or may be the catalyst to an accident. Of course the length of time the debris is on the road will be a factor in determining whether someone could have known about it to remove it. A piece of garbage that falls off a truck and is immediately struck by a vehicle following the truck would not be the fault of the road maintenance crew. An accident caused by a branch left on a road though well after the city has been notified of it could be the fault of the road maintenance crew.
Driver Negligence
A driver may also be responsible for failing to keep a look out for debris in the road. A driver traveling too fast for conditions (rain, snow or night) may be negligent for causing an accident after hitting debris in the road if a person driving appropriately for conditions would have been able to avoid the accident. An accident may be the result of a driver swerving out of his lane and into another vehicle while trying to avoid hitting the debris. An accident may also result if a driver strikes the debris, causing his car to spin or go out of control causing it to strike another vehicle, pedestrian or bicyclist.
Getting Legal Help
An experienced personal injury attorney can help an injured victim assess who might be liable following a car accident caused by debris in the road. Even the driver who struck the debris may have a claim against someone else to pay for his resulting injuries if the debris could not be avoided by the driver.
