Road debris poses a significant risk to motorists, often leading to car accidents. Road debris includes a wide array of objects found on roadways, including litter like bottles, cans, and plastic bags. Other examples include construction materials like gravel, sand, or asphalt fragments, fallen tree branches, and debris from vehicle crashes, like broken glass or vehicle parts. Motorists do not expect to encounter road debris and often end up in accidents because they may be unable to avoid it.
How Does Road Debris Contribute to Car Accidents?
The presence of road debris can lead to accidents in several ways:
- Sharp objects or debris on the road can puncture tires, causing sudden blowouts that may result in loss of control and accidents.
- Loose debris, gravel, or oil spills on the road surface can reduce traction, especially during adverse weather conditions, increasing the risk of skidding or hydroplaning.
- Drivers may swerve abruptly to avoid colliding with debris on the road, potentially causing them to lose control or collide with other vehicles.
- Larger debris or objects falling from vehicles can become projectiles, posing a direct hazard to other motorists or pedestrians on the road.
Who Can Be Held Liable for Accidents Caused by Road Debris?
Determining liability in road debris-related accidents can be challenging, as multiple parties may be involved. Negligent drivers who fail to secure their loads or properly maintain their vehicles may be held liable if debris falls from their vehicles and causes an accident.
Government entities responsible for road maintenance may also be responsible if they fail to promptly remove hazardous debris or maintain safe road conditions. Additionally, private property owners next to roadways may be liable if debris originating from their property causes an accident due to negligence or improper maintenance.
What Legal Challenges Might Arise When Seeking Compensation for a Car Accident Caused by Road Debris?
Seeking compensation for a car accident caused by road debris can present various legal challenges. Establishing liability may be complex, requiring thorough investigation and evidence gathering to determine which party or parties are responsible for the presence of the debris.
Additionally, government entities may assert sovereign immunity, making it difficult for claimants to hold them accountable without legal representation. Insurance companies may also dispute claims, arguing contributory negligence or lack of sufficient evidence. Handling the legal process, negotiating with insurers, and litigating if necessary can be formidable tasks for individuals without legal experience.
What Steps Should I Take if I Am Involved in a Car Accident Caused by Road Debris?
If you find yourself involved in a car accident caused by road debris, take immediate action. First, ensure safety by moving to a safe location and checking for injuries. If necessary, call emergency services for assistance.
Document the scene of the accident by taking photos of the debris, the accident scene, and any visible damage to vehicles or property. Collect contact information from witnesses and other parties involved in the accident, and report the incident to law enforcement to file an accident report. You can also notify your insurance company.
Finally, seek legal advice from an experienced car accident attorney who can assess your case, determine liability, and help you pursue compensation for your injuries and damages.
Connect with the Leading Philadelphia Car Accident Lawyers at McCann Dillon Jaffe & Lamb, LLC
The experienced Philadelphia car accident lawyers at McCann Dillon Jaffe & Lamb, LLC can help you pursue the compensation you deserve after a motor vehicle crash caused by road debris. Call our Philadelphia and Abington, Pennsylvania, and Wilmington, Delaware, offices serving surrounding areas at 215-569-8488 or complete our online form for a free consultation.