Most drivers take the same routes every day, whether that’s going to work, dropping the kids off at school, or grocery shopping. For the most part, those roads don’t change. However, it just takes one piece of road debris to trigger an accident, and that debris can come from a variety of sources.
Drivers must be constantly on alert for the road ahead to avoid a wreck.
If you get into a
car accident caused by road debris, it might not entirely be your fault. That means you should pursue all available options to be compensated for any financial loss you suffer as a result of that road debris.
When Is Road Debris Especially Dangerous in Montana?
It doesn’t matter if the road debris is large or small, heavy or light; it can all be dangerous. There are certain conditions under which you can anticipate an increase in debris falling on the road.
Consider the following:
High Winds
Strong winds increase the chance of debris landing on the road. That wind can bring tree branches, roofing shingles, and other objects that can potentially cause collisions. That includes wind that kicks up dust that impacts your visibility.
Precipitation
Unlike other parts of the country, such as California and Florida, Montana experiences a wide range of precipitation types, including rain, snow, sleet, and hail. Any one of those conditions reduces your tire’s traction and your visibility. That makes it more challenging to spot and avoid road debris.
Construction Zones
The speed limit is reduced around construction zones, which is vital when considering the heavy equipment coming in and out of the site. A construction zone also creates a lot of debris that can end up on the road, such as nails, screws, wood, and other construction waste.
Aftermath of Accidents
Drivers instinctively slow down as they approach an accident scene, and when the cars are towed away, what’s left behind could be broken glass, car parts, and tire treads.
When you add road debris in with conditions like tight curves, heavy traffic, or poor lighting you increase the risk of accidents.
What Is the Difference Between Unavoidable and Avoidable Debris?
If you get into an accident caused by road debris, you will make a claim with your insurance company to cover damages. The insurance company adjuster will investigate the crash to determine if it was unavoidable or if avoidable debris was involved.
The majority of the debris you encounter on the road comes from some other vehicle. That can mean any of the following:
- Furniture
- Boxes
- Lumber
- Pipes
- Bumper
- Car parts
- Cargo
These types of debris are classified as “unavoidable” because they literally fall off the vehicle in front of you. Either you drive over the debris or swerve to avoid it, only to end up crashing into a guardrail or another car.
On the other hand, “avoidable” debris would be those objects that are already on the road, and you should be able to avoid them by slowing down and changing lanes. Examples of avoidable debris could be pieces of tread from a blown-out tire, fallen tree branches, or roadkill.
It’s extremely challenging to assign blame for this debris. In other words, you don’t know where it came from, and therefore, there is no one to hold liable.
How to Determine Liability in a Road Debris Accident
As you process what happened in your accident, you’ll want to assign liability to ensure that you won’t be out of pocket for the expenses and bills.
This is where working with an experienced car accident attorney can be a benefit. They will be in the best position to conduct a thorough investigation to determine who can be held responsible for the road debris.
Here are some of the potential at-fault parties in a road debris accident:
The Other Driver
If you are following behind a car or truck when debris falls off and causes an accident, you may not be able to take a video of the vehicle. That doesn't mean that another driver can’t be tracked down. There might be traffic surveillance or dashcam footage from other cars that could help track down that driver.
Government Agencies
If your accident was caused by road debris that has been on the road for a long time, you could seek compensation from the government agency that is tasked with cleaning the road.
Your attorney might be able to access complaint reports that can establish the agency was aware of debris and failed to act in a timely manner to clear the road.
Manufacturing Defects
A car part that falls off a car in transit might be the result of a manufacturing defect. That could mean the company that designed or built the vehicle could be held liable for the accident.
You Have Options in a Road Debris Accident
When road debris causes an accident, you might feel hopeless about pursuing a claim.
If you can’t find who caused the debris or your insurance company denies your claim, you still have options to pursue.
The attorneys at Western Justice Associates, PLLC have helped many clients with this type of accident. You can schedule a free consultation to share what happened, and we can discuss the best way forward for obtaining compensation.
Schedule your talk today.
