California’s busy roads and highways have inherent risk, especially when traveling at high speeds on the freeway and when traversing the state’s chaotic urban centers. To the surprise of most drivers, road debris is just as much of a threat to automobiles as other motor vehicle operators.
Many often wonder who is responsible for road debris damage in California. Here’s a thorough answer to this complex, frequently asked question.
Recognizing the Threat of Road Debris
When the topic of motor vehicle accidents is raised, most people immediately think of T-bone accidents, rear-end collisions, and totaled vehicles. Though the National Safety Council estimates that around 27,000 auto accidents occur daily in the United States, some of those accidents are not caused by negligent drivers. Rather, road debris is the underlying cause.
Road debris is more than litter. Lumber, furniture, bicycles, and other items that fall from trucks and automobiles qualify as road debris, obstructing the flow of traffic. So are large truck tire treads that get left behind, strewn across roads.
Experienced drivers will testify that some careless drivers use vehicles to transport mattresses, strapping them to the roof. Unfortunately, mattresses and other items attached to vehicle roofs and backends have the potential to become airborne and damage vehicles.
If you’re like most drivers, after such an accident, you likely searched the web for “road debris hits my car” and “road debris damage” or similar terms. Who is responsible for road debris damage in California? The person or party responsible for the movement of the debris onto the victim’s automobile — that’s the answer. In other words, whoever left the road debris behind is the one who is accountable for vehicle damage or any accident caused in an attempt to avoid hitting the debris.
In some cases, the negligent party is a truck driver or trucking business owner responsible for securing potentially deadly loads. Legal liability for a road debris accident or damage to a vehicle can also fall on maintenance personnel. Those responsible for maintaining vehicle maintenance at the proper intervals owe a duty of care to the truck driver and others on California roads.
In other instances, it is everyday drivers who fail to secure bicycles, kayaks, surfboards, snowboards, or cargo to the top of their vehicle. However, there are some situations in which the origin of the wayward debris cannot be identified and legal action cannot be taken.
California Drivers Owe Fellow Drivers a Duty of Care
The word “negligence” refers to a party’s failure to provide others with sufficient care. Road debris accident attorneys in California are tasked with proving one or several other parties’ negligence caused the accident. The bottom line is that auto accidents resulting from road debris have the potential to be deadly, yet they are completely preventable.
A driver who fails to ensure his automobile is in proper working condition is negligent as the vehicle’s failure to safely function is a threat to the well-being and property of others. If a personal injury attorney proves a defendant failed to perform routine maintenance such as adding air to the tires for optimal pressure or having faulty internal parts replaced, that individual or entity will be found negligent.
Proof of a driver’s failure to properly secure a load also sets the stage for proving negligence in a court of law. It merely takes the brief airborne presence of a small item that flew off another vehicle to cause a deadly accident. What matters most is whether the victim’s personal injury attorney can gather enough evidence and obtain eyewitness testimony or video showing the load or other item on the vehicle was not securely attached.
Instead of attempting to piece together the legal puzzle on your own, let our California car accident lawyer do the work on your behalf. Our personal injury attorney will compile evidence, interview potential witnesses, and tailor a legal strategy to the specific circumstances involved in your case.
The outcome of your car accident case partially hinges on its unique facts and evidence. The quality and experience of your attorney also matter. The manner in which your car accident attorney prepares for court and represents you has the potential to play an even more important role in the outcome than the facts.
Our legal team will review your accident in-depth to determine if it can be proven that another driver or party was fully or partially at fault. The overarching aim is to obtain financial compensation to cover the cost of your medical care causally related to the crash, lost time at work, diminished earning potential, pain, and suffering.
Frequently Asked Questions
1. Who is responsible for debris on the freeway?
It is difficult to identify the owner or responsible party of wayward highway debris unless that debris is marked with the owner’s name, logo, or other identifying information. If the debris fell off the roof, bed, back, or other part of a vehicle, the operator of that vehicle is responsible for ensuing damages.
However, some situations arise where highway debris becomes airborne, and it remains so for several car lengths or even several minutes before colliding with a vehicle or harmlessly drifting away. Unless vehicle dashboard camera footage, eyewitness testimony, or other evidence emerges to link the source of the debris to the actual wayward debris, it is difficult to establish legal liability.
2. Is hitting road debris an at-fault accident?
Drivers have a responsibility to do their best to avoid road debris. Some road debris is unavoidable due to temporal factors or tight traffic. It is possible to prove another party is at fault for the presence of the debris in the road along with the crash, injuries, and damages.
In some accidents, the debris was left on the road for an extended period of time. Other times, it is not possible to connect the debris to a specific vehicle due to the flow of traffic. It is also possible for several drivers to share fault for a road debris-related accident. Every local driver should be aware that California is a comparative fault state. Comparative fault means drivers are legally empowered to recover damages that are proportional to the level of fault.
3. Who is responsible when something falls from a vehicle and hits my car in California?
The operator of the vehicle transporting the debris is responsible. However, if the vehicle was loaded by another party, there is the potential for that third party to share some or all of the responsibility for it falling and hitting one or several other vehicles.
As an example, some trucking companies, loggers, and others in the logistics and construction industries rely on professionals to help secure loads. While all truck drivers should always double-check loads before departing for their destinations, some are merely responsible for operating the vehicle. There is also the potential for the owner of the business, who also owns the vehicle with the unsecured load, to be found partially or wholly legally liable.
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For help, contact Gomez Trial Lawyers today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or by contacting us online.