Road Debris Accidents: Who is Liable when Debris on the Road Causes a Crash?

Road debris is dangerous and can cause serious accidents. If you were in an accident caused by a foreign object in the road, the party responsible for the debris may be liable for your damages.

If you or someone you love was hurt in this type of crash, a personal injury attorney with KBG Injury Law could help you prove fault and seek maximum compensation. Unlike some other firms where clients become case numbers, we always focus on you as a person. The time following an accident can be physically, mentally, and emotionally trying, and we are here to help you find a way forward.

What is a road debris accident?

Road debris accidents occur when vehicles hit items in the road that should not be there, or crash due to a defensive driving maneuver made to avoid objects in the roadway.

Road debris can come from numerous sources, but it is a common cause of truck accidents. Trucks can leave debris on the road in two ways – through unsecured cargo that falls off the truck and through worn-out parts, such as tire treads, that fall into the road.

Construction is another common source of road debris. You may see cones and barrels from roadside construction or fallen construction materials.

Finally, trees, rocks, and other natural objects can block the road and create a hazard, especially after a storm.

Who is responsible for a road debris accident?

Road debris liability will depend on the specific cause of your accident.

If the collision resulted from falling cargo or a part from a truck, fault could rest with:

• A negligent truck driver – Truck drivers are responsible for making sure their cargo is secured, and their trucks are maintained. An accident that results from a failure to do so could lead to a claim against them.
• The trucking company – Trucking companies can be held responsible for the negligent actions of their employees. They are also responsible for the cargo in their care and the condition of the vehicles that transport it. Therefore, a trucking company could be vicariously or directly liable for a road debris truck accident.
• The cargo company – The company that owns or loaded the truck’s cargo could also be at fault for a road debris car accident involving falling goods.

For accidents involving construction debris or natural debris, fault could lie with:

• A government entity – Governments are often in charge of maintaining roads and road construction. A government entity may be liable in limited circumstances, such as when a dangerous condition of the roadway falls within statutory exceptions to governmental immunity (in other words, situations where the law allows you to sue over a problem the government caused).
• A construction company – Some construction on or near roadways is done by private contractors, who could also be held liable for debris on the road accidents.
• The owner of a private roadway – If the debris was on a private drive or in a private parking lot, fault could rest with a private road owner.

Our attorneys could help you identify all of the parties that may be liable for your construction or truck road debris accident in PA. We are prepared to help you hold multiple parties accountable with multiple claims when necessary. Our goal is to pursue full and fair compensation for you and your family, and we explore every option available to do so.

How to document a road debris collision

The most effective way to document a road debris collision is with photographs and video evidence.

If possible, at the time of the accident, you should take pictures of the object in the roadway that caused the crash, as well as the damage to your vehicle and any injuries you sustained. If another car was involved, get the driver’s contact, license plate, driver’s license, and insurance information, as well as the contact info for any witnesses.

Additionally, you should call a police officer to the scene. This may help satisfy any legal obligation to report the accident, such as when the crash involves injury, death, or significant property damage under Pennsylvania law. It will also lead to an investigation by law enforcement that could help you recover evidence for your claim.

After you leave the crash site, seek medical treatment if you have not already received emergency care. This protects your health and will create a medical record that documents your injuries for your claim.

How could our lawyers help build your claim?

Often, injuries or the chaos of an accident scene can prevent victims from gathering the proof they will need. This is where our team comes in. We can conduct a thorough investigation and collect any evidence you may have missed or been unable to get at the time.

Our lawyers can obtain police reports, eyewitness statements, and surveillance video. We can also get driver’s logs, truck maintenance records, and other items in the trucking company’s possession. When needed, we can work with experts, like crash reconstructionists, to show that road debris caused your collision.

Damages you could recover after a road debris accident

At KBG Injury Law, we genuinely care about our clients, and we know that getting full and fair compensation is essential to helping them regain their health and lives after an auto accident.

Our road debris crash lawyers can assess your damages and demand a fair settlement from the insurance company. We can negotiate on your behalf and fight to secure all your losses.

First and foremost, we want you to have the money to pay for your medical needs, including ongoing care like nursing or physical therapy. We also want you to get full compensation for your wages, which may include your income from missed work, lost employment benefits, and loss of your earning capacity.

Injuries can affect your overall well-being. We can seek damages for physical pain, disabling injuries, mental and emotional anguish, and diminished quality of life. This compensation is often referred to as pain and suffering.

If a road debris accident fatally injured your loved one, as a survivor, you may qualify for wrongful death damages. This compensation could help pay for expenses like medical bills and funeral and burial costs, and provide your family with financial resources for the future.

Time limits for seeking compensation

According to 42 Pa. Cons. Stat. § 5524(2), you have two years to file most personal injury cases in Pennsylvania. This deadline will likely apply to most truck accident lawsuits. But if your suit is against a government entity, you have much less time (typically, you must provide written notice of the claim within six months, in addition to complying with the statute of limitations).

Our attorneys could tell you more about deadlines that apply to your case and help you take action before time runs out.

Contact us for help with your road debris accident claim

A road debris accident lawyer with KBG Injury Law could help you investigate your case and present a solid claim for compensation. We have over 40 years of experience helping injury victims in Pennsylvania. Let us put our skills and resources to work for you.

Contact us today for a consultation. We serve clients across South Central PA.