How Common is Road Debris and Could it Lead to an Accident?
Posted by PKSD Law Firm on November 4, 2022 in Car Accidents
Thousands of car accidents happen each year due to road debris on U.S. highways and even smaller side streets in rural communities. The damages in these crashes are often severe, especially when a driver is unable to avoid hitting the object.
Victims of road debris car accidents may wonder how or if they can recover compensation. It may be possible to file a claim for damages, however, there are several factors to consider.
Not sure if you have a case? Call PKSD today to learn if you may have legal options. We offer a completely FREE case review to discuss your situation at no cost or risk to you. Call our law offices anytime, night or day, to learn more.
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What is Road Debris and How Could it Cause a Car Accident?
Road debris describes anything lying in the path of oncoming traffic that creates an unexpected danger. This could be an oil spill, boulders, even a trash can that has blown into the road.
Most drivers have to deal with road debris at some point, such as the rubber from a blown-out tire. Those who drive at night, however, are even more likely to encounter this type of safety hazard. Objects and other types of road debris are less visible in low light, especially when street lighting is unavailable or poor.
The injuries and damages from these types of crashes are often severe and expensive. After a car accident due to road debris, can crash victims recover any compensation? Learn more about road debris crashes and eligibility for a car accident claim below.
Could a lawyer help you in this situation? There is only one way to find out.
If you have questions or need legal help after any type of collision, PKSD is ready to help. We have a team of experienced vehicle crash lawyers based in Milwaukee. Get your questions answered by one of our knowledgeable and trusted lawyers in a free initial case review.
Who May Be Liable for Damages in a Road Debris Crash?
Liability for a road debris crash depends on several factors. The liable insurance company, or your own insurer if you are filing a first-party claim, will naturally want to investigate what happened.
Remember, insurance companies are for-profit businesses. This means that even if you are a long-time policyholder with no prior crashes, you will have to prove your eligibility. In a case involving road debris, the initial approach could be to say the crash was avoidable and deny your claim immediately. Fortunately, that does not mean you have no case.
How Do I Recover Compensation After a Car Accident Due to Road Debris?
Insurance companies often assign liability to the driver who hit the road debris. Their reasoning is valid. Drivers are supposed to be alert and in control of their vehicles at all times. Therefore if you hit an object or other type of road debris, you were likely to blame.
Drivers may be held liable for a car accident with road debris if they were:
- Distracted by something or someone else
- Speeding too fast to stop or slow down in time to avoid the hazard
- Impaired by alcohol or other substances
- Fatigued or too drowsy to notice hazards in the road
- And more
However, there are situations when avoiding impact with road debris, such as an oil spill or an object, is out of your control, for instance:
- Road debris rolling or suddenly being blown into your lane
- An oil spill from a previous crash that had not been cleaned up
- Crash debris not yet cleared away
- Pieces of large truck tires getting hit into your path by another vehicle
- Other drivers who hit your car while swerving to avoid another object
- Construction companies not cleaning up debris from a road project
- Government entities failing to properly maintain guardrails and potholes
- Private landowners not warning guests about hazards on the property
In short, before giving up on your case, you should really discuss what happened with a lawyer. Car accident lawyers are not going to take on a case they do not believe they can win.
What Types of Car Accidents May Result From Road Debris?
Road debris may result in many types of car accidents. It depends on when a driver first sees the hazard, how he or she reacts, and other contributing factors. For instance, an impaired driver will not be able to react as quickly as someone who is fully alert. If speeding factors into the car accident, the driver will have even less time to react.
The types of crashes often caused by road debris may include:
- Rollovers – more common when a vehicle overturns or is going too fast
- Chain collisions – when multiple vehicles become involved
- Rear-end crashes – common when drivers brake to avoid an object and the trailing car hits yours
- Single-vehicle crashes – drivers may lose control trying to avoid a road hazard and hit something else instead
Regardless of the type of crash, victims could suffer severe injuries and extensive property damage as well.
How Will You Pay for Your Damages?
Depending on the circumstances and your car insurance coverage, you may not have to. Make no mistake, however, this type of case will likely benefit from a lawyer familiar with these types of claims. There are several options an attorney can explain to you and determine your eligibility for, including:
- MedPay Insurance – While not required by law, if you have this coverage, it can help to foot the bill for your medical costs.
- Comprehensive and collision coverage – another optional coverage that can help you to recover damage to your vehicle
- Negligent parties – If another party was negligent and that negligence led to your crash and your damages, you may have a claim. However, you, or your attorney, will need to prove it.
Call Our Trusted Law Firm to Find Out if You May Have a Case
There is no sense sitting at home worrying about how you will pay your medical bills after a car accident due to road debris. Talk to an attorney to find out whether or not you have options for recovering compensation.
At PKSD, we are here to help. We have been helping injured victims for decades, recovering millions in compensation on behalf of our clients. If you choose our firm to represent you, we will fight for the maximum possible compensation.
Experienced Lawyers. On your side. 877-877-2228