What If Road Debris Causes Your Car Accident?

When debris flies from a vehicle and onto the road, all other drivers are at risk of being injured in road debris accidents. Perhaps you were injured in such an accident because of unsecured loads or another form of negligence. Now, you may be facing medical expenses, lost income, and a range of other struggles.

You deserve compensation if someone’s negligence caused a road debris crash. However, it’s important to consider how the process of seeking compensation in these circumstances may be unique when compared to other personal injury cases.

Understanding Road Debris Accidents

Road debris can take many forms. The following are common types of road debris that could potentially cause accidents:

• Cargo that has fallen from trucks
• Fallen trees and large tree limbs that have fallen to the ground
• Debris from a previous collision
• Tires
• Broken glass
• Litter
• Rocks
• Garbage

Don’t underestimate how dangerous road debris can put drivers at risk. According to one report, between 2011 and 2014, road debris was a factor in approximately 39,000 injuries and 500 deaths on America’s roads. The following are instances in which a road debris crash could occur:

• A driver swerves to avoid debris on the road. This causes them to strike another vehicle or obstruction.
• A driver is unable to maneuver around road debris. They strike it, which can either cause direct injury or cause the driver to lose control of their vehicle.
• In some cases, flying debris may obstruct a driver’s view and prevent them from clearly seeing the road in front of them.

Involved in a road debris accident? Contact the expert car accident attorneys at Munley Law for a free case evaluation.

Liability in Road Debris Accidents

You may submit a car accident claim to the liable party’s insurance company if you were injured in a road debris crash resulting from negligence. Although your own personal injury protection insurance may offer some coverage for medical bills and related losses after an accident, you might have to file a personal injury claim to receive all the compensation available. Or, it may be necessary to file a lawsuit seeking compensation.

First, you have to determine who is liable. Consider the following points:

• A negligent driver may be liable, as drivers are generally responsible for securing cargo.
• A company may be liable if debris falls from a commercial vehicle. For example, the liable party may be a construction company if its vehicles allow debris to create a road hazard.
• Local government agencies are responsible for maintaining safe roads. You might have a case against a government entity if an unaddressed road hazard caused your accident.

Identifying the liable parties in these types of cases can be challenging. First, you need to determine the source of the road debris. which can require an investigation.

Luckily, this isn’t a task you need to handle yourself. Let Munley Law investigate and determine liability in your road debris accident case.

Legal Options After a Road Debris Accident

In a unique no-fault state like Pennsylvania, depending on your coverage, filing a claim with your own insurance may be one means of seeking compensation. However, severe injuries can result in losses (such as ongoing medical bills and lost earning capacity) for which your medical payments coverage is insufficient.

To pursue additional compensation, you can file an insurance claim with the other driver’s insurance company (or another liable party). You can also file a lawsuit if the insurance company doesn’t negotiate a fair settlement.

What’s most important is not delaying. You have two years from the date of your accident to file a lawsuit. Potential defendants include a government entity, another driver, or a third party, such as a trucking company or construction company. In some cases, an individual truck driver may also be a defendant.

Protect your rights after a road debris accident. Consult with Munley Law to explore your legal options.

Proving Fault in Road Debris Accidents

Collecting evidence at the scene is important in the aftermath of any type of car accident. After road debris accidents, those involved can collect evidence by:

• Exchanging contact and insurance information with others involved in the crash
• Calling 911 and filing an official police report
• Speaking with witnesses
• Taking pictures of the accident scene and any road debris damage for which there is visual evidence

Dashcam footage may also serve as evidence, depending on many factors, such as the types of vehicles involved in the accident. If it’s not immediately available, an experienced attorney can request this evidence from the appropriate parties.

A personal injury attorney can also coordinate with experts who may help them further prove fault. For example, a car accident reconstructionist can help show how a road debris accident occurred.

Don’t worry about attempting to build a case yourself. Build a strong case with Munley Law’s experienced team gathering  evidence for your claim.

Compensation in Road Debris Accident Cases

Compensation may be available for several types of losses and damages after accidents caused by road debris. Common examples include:

• Medical bills
• Lost wages
• Future losses, like future lost wages and medical bills in cases involving severe bodily injury
• Pain and suffering
• Associated costs, like the cost of home modifications, the cost of traveling to medical appointments, etc.

Numerous factors can affect compensation amounts. They include the severity of a victim’s injuries, whether their injuries prevent them from returning to work, and whether their own negligence played a role in the accident.

Be aware that insurance companies may not offer fair settlements right away. Negotiating a personal injury settlement is a task for someone who understands how insurance companies try to avoid paying (and how defendants try to avoid being held liable) in these circumstances.

Road debris crashes can be very devastating. You deserve to receive compensation after such an accident if it occurred because someone else was negligent. Maximize your compensation with Munley Law’s skilled negotiators fighting for your rights.