Learn How to Handle Road Debris Accidents and Protect Yourself

A AAA study found that between 2011 and 2014, nearly 200,000 crashes and approximately 500 deaths were caused by road debris. Many drivers experience sudden encounters with debris, which can lead to motor vehicle crashes and serious injuries. This is only a rough estimate since these numbers came solely from police reports and reports aren’t created in every accident case. However, these incidents often result in a car crash or crash, highlighting the dangers posed by debris and the need for drivers to stay even more aware when they’re on the road.

Why Is This Important For You To Know?

After an accident caused by road debris, it is important to follow the following steps to protect your rights and maximize your chances for compensation. Begin by gathering evidence at the accident scene, such as taking photos of the debris, the accident scene, and any vehicle damage, as well as collecting information from witnesses. This evidence is crucial for determining fault and liability, and will support your insurance claim, insurance claims, or any potential legal action.

If you are able to determine which vehicle the debris fell from, write down the license plate number or make note of the company if it is a commercial vehicle. Identifying the responsible driver, especially in cases involving trucks or a truck driver, is essential for establishing liability. If the debris was already on the road, take a picture of it, record the specific coordinates of your location, and, if safe and possible, keep the item for evidence. Gathering evidence at the accident scene is vital for determining fault and supporting your case.

Road debris can include not only items that fell from vehicles, but also personal belongings, road signs, cones left over from a construction site, unsecured cargo from trucks, downed trees, or other landscaping material left after another collision. Just about anything that does not belong on the roadway qualifies as debris. Depending on the debris, there could be many parties liable:

• Department of Transportation
• Construction company or construction site
• Maintenance companies
• Vehicle owner
• Truck driver or trucks

Victims of road debris accidents, including drivers and passengers, are at risk of bodily injury and should seek immediate medical attention, even if injuries are not immediately apparent. Prompt medical attention can uncover hidden injuries and is important before pursuing legal action or other steps. Medical expenses and road debris damage can have a significant financial impact, so it is important to file an insurance claim or personal injury claim as soon as possible. Be aware of the time limit for filing legal claims, as statutes of limitations may apply and missing these deadlines can prevent you from recovering compensation.

Without proper documentation and proof, you may be forced to pay for your losses out of your own pocket. Gathering evidence at the scene is essential to support insurance claims and legal action. Additionally, agencies such as Caltrans and CHP work to remove road debris to prevent future accidents and protect all road users.

Causes of Accidents

Road debris accidents can happen for many reasons, and understanding these causes is key to protecting yourself and your loved ones on the road. One of the leading causes of a road debris accident is when drivers fail to properly secure their loads. Whether it’s a mattress, tools, or construction materials, unsecured items can easily fall off vehicles and become dangerous obstacles for other drivers. These debris accidents can lead to severe injuries, vehicle damage, and even deadly crashes.

Distracted driving is another major factor in road debris accidents. When drivers are not fully focused on the roadway, they may not see debris in time to avoid it, increasing the risk of a car accident. Speeding or following too closely can also make it harder to react to sudden obstacles, causing drivers to lose control and collide with debris or other vehicles.

Construction companies and trucking companies have a responsibility to keep their materials and equipment secure, both at construction sites and while transporting goods. If a construction company leaves debris on the road or a trucking company fails to secure a load, they may be held liable for any accidents caused. Truck drivers must also regularly inspect their vehicles to prevent flying debris or items falling onto the roadway.

Poor road conditions, such as potholes, uneven lanes, or leftover materials from previous work, can also contribute to accidents caused by road debris. When government entities or maintenance crews neglect their duty to keep the roads clear and safe, they may be responsible for any injuries resulting from their oversight.

If you or someone you know has been injured in a road debris accident, it’s important to determine the party responsible and seek full compensation for your losses. An experienced personal injury attorney can help you gather evidence, identify the liable party, and guide you through the legal claim process. Don’t hesitate to request a free consultation to discuss your case and protect your rights after a debris-related accident.

What Do I Do?

If you see a piece of debris in the road, call the local authorities. If it is big enough that it could cause someone to become seriously injured, then call 911. If anyone has been hit or injured, seek immediate medical attention, even if injuries are not obvious. If you’re involved in an accident due to debris in the road, be sure to document the scene thoroughly for future reference. Follow the notes and instructions above, and call us for a free consultation. We’re happy to help you through the whole process. If you need assistance navigating the aftermath of a debris-related accident, do not hesitate to seek legal help.

Also, It’s The Law: When to Contact a Personal Injury Attorney

• RCW 46.61.655 makes it a crime for failing to secure your load. If someone suffers substantial bodily harm, then you could be charged with a gross misdemeanor. This has a punishment of up to a year in jail and a $5,000 fine.
• If something falls from your vehicle and causes damage to another vehicle, that is also a misdemeanor, and can subject you to 90 days in jail and a $1,000 fine.
• If a police officer stops you because the load is unsafe or something falls off and doesn’t contact any person or property you can still be given a ticket.

If you have questions about any of this, or need help putting together an appropriate plan of action as the victim of a debris-related accident call us at 206-447-1425. We can help.

Consulting with an experienced attorney can help clarify your legal responsibilities and protect your rights if you are facing charges or seeking compensation after a debris-related accident.