It’s a driver’s nightmare—hitting road debris that actually causes a car accident. Unlike accidents involving other vehicles, road debris accidents are unpredictable and can happen at any time. They involve objects like large rocks or exploded tractor-trailer tires. While many obstacles can be avoided, some debris appears without warning, leading to accidents as severe as those with another vehicle.
Car Damage From Road Debris: First Steps to Take
After hitting road debris, the first step is to ensure your safety and that of others. Here’s a detailed guide on the steps to take:
Ensure Safety and Call 911
- Make sure you and your vehicle are safely out of traffic.
- Contact emergency services to report the accident and check for any injuries.
Gather Evidence
- Document the accident scene. Note the type of debris you hit, its location, and how it caused the accident.
- Take photos of car damage from road debris, as well as any injuries.
- Record any witnesses’ contact information and their statements.
Identify Possible Liability
In some instances, the debris can be traced back to a negligent party, such as:
- Vehicles with unsecured loads.
- Construction sites (government or private) leaving debris on the road.
- Government negligence in not removing known hazardous debris.
Legal Recourse for Road Debris Damage Accidents
Proving fault in road debris damage accidents is challenging but not impossible. Here’s how to approach it:
Proving Negligence
- Identifying the source of the debris is crucial. This could be a vehicle with improperly secured cargo or a construction site.
- Gather substantial evidence to support your claim. This may include video footage, witness testimonies, and accident reconstruction.
Government Liability
Government entities are typically protected by “sovereign immunity,” making it difficult to hold them accountable for road debris. However, if negligence can be proven, there might be a case.
Does Insurance Cover Damage From Road Debris?
If identifying a liable party is impossible, you must file a claim with your road debris damage insurance under your collision policy. Unfortunately, insurance companies often treat road debris accidents as at-fault incidents, assuming the driver could have avoided the debris. This means:
- Your insurance will cover the repairs under your collision policy, which may be classified as an at-fault accident.
- Being deemed at fault limits your ability to seek further compensation or benefits beyond your collision coverage.
Seeking Legal Assistance
Consulting a personal injury lawyer is crucial in navigating the complexities of road debris accidents. A lawyer can help you:
Build a Strong Case
- Assess the evidence and reconstruct the accident scene.
- Negotiate with the insurance company or take the case to court if necessary.
Maximize Your Compensation
- Ensure that all liable parties are held accountable and that you receive the maximum compensation for your damages and injuries.
In conclusion, dealing with car damage from road debris requires immediate action, thorough documentation, and legal expertise. By following these steps and consulting with a personal injury attorney, you can navigate the aftermath of such an accident more effectively and ensure you receive the compensation you deserve.
Free Consultation for Freeway and Road Debris Accidents
Did something hit your car on the freeway? Unclear if a road debris accident means you or another organization is at fault? Call us today for a free consultation. We have offices in the following locations: