Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

Who is at Fault for Car Wrecks Caused by Road Debris?

Published on Jun 20, 2018 at 11:58 am in Car Accidents.

Typical car accident causes are mainly due to a negligent driver. They could be speeding or tailgating, trying to use their phone while driving, or not check before they make a lane change. But what happens when you’re driving and there’s road debris in your way and you can’t avoid it and get in an accident? The debris is the reason you crashed, so how do you pursue a car accident claim without a clear liable party?

Your first step should be to contact skilled personal injury lawyers. If you’ve been injured in a car accident in Nebraska, an Omaha car crash injury lawyer from Welsh & Welsh can help you with your claim. You won’t have to worry about your claim getting rushed so you end up with an unfavorable settlement. We’ll leave no stone unturned and will get you the compensation you deserve.

How Does Road Debris Affect a Car Accident Claim?

Road debris can range from blown-out tires to items falling off trucks that block the road. Debris is extremely dangerous because drivers may not see it in time, especially when they’re travelling on highways at high speeds. Even if they do spot the debris in time, there may not be an opportunity to switch lanes or avoid the debris.

The first step is to identify where the debris came from. Then they need to determine who was responsible for removing it from the road. In some states, motorists can get a fine if objects fall off their cars and into the road. This also includes trucking companies that don’t properly secure their cargo.

But it may be difficult to find the owner of the debris which leaves those in charge of cleaning up debris and making the roads safe. Local governments need to keep their roads clear for their drivers and act quickly and continuously. They may be held liable if the local government should have known about the debris or they failed to clean up the debris in a reasonable amount of time. This could be more difficult for local governments with low budgets.

Road debris can also harm motorcyclists, if not more than cars. They don’t have the balance or weight of a four-wheel car and anything that bumps a motorcycle wheel can make the driver lose control, fall off their balance, or knock them off the bike. This can result in devastating injuries like head or brain injuries, burn injuries, severe bruises, or broken bones.

A car accident claim will need evidence of the cause. If you are able, take pictures of the scene before you leave. You can photograph the entire scene and get closeups of the debris that caused the accident. Reporting the incident to the police and getting contact information from eyewitnesses will also help your claim.

Whatever the case, your lawyer will find who was responsible for leaving the road debris that caused you to get in a car accident. They will stand up for your rights and make sure your voice is heard.