In the United States, numerous road debris has resulted into accidents. The road debris would often be found in highways as well as local roads. The numerous instances of road debris causing road accidents have in turn resulted in massive injuries to those who happen to be victims of such accidents. The accidents would often times come about because of the difficulty of evading them and this would most obviously bring about untold suffering and immense losses. It follows that you must avoid debris and you mut be on the lookout for the debris in the road.
It must be noted that victims of road debris-caused accidents have a right to recover damages that emanated from such accidents. It must be noted that there should be a proper review of the case itself before beginning the process of seeking compensation. The review of the case must be done by experienced personal injury attorneys.
In the event that you find yourself in a situation where you are the victim of an accident principally caused by a road debris, it is fundamental that you reach out to Big Ben Lawyers who shall review the case and advise you on the best way forward. If the idea of suing and seeking compensation is feasible, they shall vigorously represent you in court so as to ensure that you get the compensation that you deserve. Please get in touch with Big Ben Lawyers so that they can offer you a free consultation anytime.
What Constitutes Road Debris, and How Does it Bring About an Accident?
Road debris are the things that would ordinarily present risks to people who are using roads. They include the things left behind by a construction company. The type of things that would constitute a road debris would vary from one place to the next. However, the common ones would be the debris that finds its way to the roads, oil that may spill into the roads and other things that would ordinarily bring about an hazard to other road-users. It follows therefore that due care must be exercised by road users in instances where there are visible road debris so as to avoid a situation that would result in injuries and subsequently the need to file a personal injury claim in a bid to recover compensation.
Numerous items on the road, such as mattresses, blown-out tires, loads on lorries, big potholes, and debris from road construction, might result in collisions.[1] When an unknowing motorist notices something flying in his direction or a big pothole in the road, they may try to swerve to avoid it. If he hits another car, this might result in an even worse collision[2]. Among the reasons for these mishaps are:
- Unsafe loads. When drivers of cars and trucks neglect to secure their loads, the cargo may fly into the windscreen of an oncoming vehicle or spill onto the road.
- Upkeep of the roads. The local government organizations maintaining the roads and highways must keep them free of debris from other vehicles or during road construction. These government organizations must also fix potholes, significant fractures, and other road flaws that may cause motor accidents. If they don’t, there will probably be an accident.
- Construction of roads. Roads may be momentarily dangerous while being fixed, with potholes and cracks posing a risk to vehicles. Additionally, when cars have to swerve to avoid obstacles, building materials and debris left in their path might result in accidents.
- Need for car upkeep. Inadequate maintenance for trucks and passenger cars can result in blowout tires that scatter tire rubber on the road or loose elements of the vehicle that fall into the pavement.
In a Debris Auto Accident, Who Is Responsible?
Determining who is at fault in an automobile accident brought on by road problems or debris on the path can be challenging[3]. These people could be held accountable:
- An individual. If an improperly loaded load falls onto a road or highway, the driver of a passenger vehicle, truck driver, and trucking business may be held accountable. But occasionally, drivers drive away, unaware that their load has fallen or they don’t care. In this case, figuring out who the party is could be difficult.
- · An organization under government control. If a governmental body was in charge of building or maintaining roads, it might have failed to support them adequately or keep the areas where work is being done clear of debris. However, holding a government accountable for your injuries may be challenging; you may need to abide by specific notification obligations, and the window of time to file a claim is sometimes smaller than that of other defendants.
- A building firm. Local or state government organizations frequently contract construction businesses to complete certain roadway development projects. They may be held accountable if their negligence results in an automobile accident if they neglect to keep building materials and debris off the road, or leave potholes or potentially dangerous gaps on the road.
To identify who should pay you after a debris wreck and to negotiate your compensation, you need the help of an expert automobile accident attorney. Getting a matter resolved with a government organization might be particularly difficult.[4] To arrange a free consultation to review your compensation choices and get your questions answered, you can start an online chat session.
Can an Attorney Assist You With This?
An attorney can assist you in getting compensation following debris-related accidents. The attorney will review the case’s facts and let you know the best way forward. It should be noted that certain insurance companies tend to offer you a small amount of compensation. Because of this, you must ensure that you do not accept any offer from the insurance company or sign any documents before you consult your personal injury attorney.
It is important to note that the extent of your help from an experienced attorney would be vital in ensuring you get maximum compensation. Having a less competent or inexperienced personal injury attorney may likely result in you getting a small amount of compensation or not getting compensation.
It turns on the above facts that you must take your time before settling on a personal injury attorney if you are intentional about getting compensation. The factors to consider when engaging a lawyer include their capacity to deliver, their experience in dealing with matters such as yours, the amount of work currently at their disposal, and their willingness to deal with your case.
Big Ben Lawyers is ready to help you if you have questions or need legal counsel following any mishap. Our team of skilled car accident attorneys has extensive experience.
Nevertheless, there are instances in which you have no control over preventing collision with road waste, like an oil spill or an object:
- Oil spillage from an earlier collision that hasn’t been cleaned up;
- Crash debris that hasn’t been removed yet;
- Road debris that rolls or is abruptly blown into your lane; Large truck tire fragments that are struck by another car and end up in your path;
- Other drivers who crash into your car while swerving to avoid anything else; construction businesses who neglect to remove debris from road projects;
- Government organizations that neglect to maintain guardrails and potholes properly;
- Private landowners fail to disclose potential risks to visitors
In other words, you should talk to a lawyer about what transpired before giving up on your case.
No matter what kind of collision occurs, victims may have serious injuries as well as significant property loss.
How Are You Going to Cover Your Losses?
An attorney can explain to you the various options available and assess your eligibility for them, such as:
- MedPay Insurance: Although it’s not mandated by law, having this kind of coverage can assist in covering some of your medical expenses.
- Collision and comprehensive insurance is an additional optional policy that may aid in your recovery from car damage.
- Careless parties: You might be able to claim if you believe that another person’s carelessness caused your collision and your damages. But you’ll need to prove it, or your lawyer must.
It makes no sense to stay at home after a car accident and worry about how you’re going to pay for your medical bills because of road debris. It is more frustrating to bear medical expenses when you are very certain that it was the at-fault party who brought them to you. It follows from this that you must ensure that the at-fault party sufficiently compensates you for the inconvenience and harm that you suffer as a result of road debris accident. It is important to note that you can only be able to know if you can obtain compensation for the accident upon speaking to an experienced personal injury lawyer. The experienced personal injury lawyer would help you to calculate the amount of money that you should be seeking in your claim.
Related FAQs
Q: How Soon Should I File my Personal Injury Suit Following an Accident Caused by a Road Debris
A: You should ensure that you file your personal injury claim within two years from when the accident happened to avoid a situation in which your claim becomes stale and from which you can no longer get the compensation that you deserve. It follows, therefore that to ensure that you get all the necessary pieces of evidence in time, you should engage professionals who have worked on such a matter before so that they can assist you put together the personal injury claim so as to ultimately get the compensation that you deserve.
Q: Which Type of Lawyer Should I Hire for a Personal Injury Claim that Results From an Accident Caused by Road Debris?
A: You should also hire a lawyer to give you proper and timely updates on your case to ensure that you get updated as and when things unfold. Having a lawyer who does not adequately update you shall have the net effect of affecting the compensation you should get, as you may only be able to know what needs to be done if your attorney updates you on the same. Moreover, a lack of proper updates on a case would, in the long run, create anxiety for you and your loved ones.
Q: What Should I Do to Ensure that my Compensation Adequately Addresses all the Losses and Damages that came from the Accident?
A: You should ensure that you put together all the necessary pieces of evidence that would demonstrate the injuries suffered and the losses that you have endured as a result of the accident. Moreover, you should share all the information that you have concerning the accident, the losses suffered and the injuries that you went through as a result of the accident. This information would enable your attorney to draft court documents that adequately addresses the kind of compensation that you deserve.
Q: Should I Engage the at-fault Party in Negotiations Without the Presence and Counsel of an Experienced Attorney?
A: You should only be able to engage the at-fault party or any of its representatives with the presence and counsel of an experienced attorney. The experienced attorney will guide you through what you should expect during the negotiations and the amount of money that would adequately cover the losses and damages from the accident. It follows, therefore, that you should engage an attorney before you engage with the at-fault party or any of its representatives. You should also ensure that you do not sign any document from the at-fault party without first speaking to your lawyer and allowing your lawyer to review the same. Engaging an attorney would help ensure that you do not blindly bind yourself to whatever dictates that the at-fault party may aim at, ultimately affecting the amount of compensation you would ordinarily get.
Q: What Would an Attorney Assist me with in Ensuring that I get the Compensation that I Deserve?
A: The lawyer that you will be engaging will make sure that you are properly guided throughout seeking the compensation you deserve following the accident. They shall assist with the drafting of adequate documents which would ensure that your chances of getting the compensation that you would want are increased. Moreover, they shall assist you when you shall be negotiating with the insurance companies of the at-fault party. Further to this, they shall assist in the collection and storage of crucial pieces of evidence that would be necessary to prove that you were involved in an accident, that you suffered as a result of the accident, that there is evidence to prove the losses and that the at-fault party is responsible for the accident caused. Furthermore, the attorney shall represent you in court so as to ensure that you are adequately represented throughout the proceedings.
Q: How Long Will my Road Debris Accidents Claim take Before it is Determined?
A: It is fundamental to note that cases shall take different timelines before they are determined. The reason for this is that every personal injury claim has unique experiences that would ordinarily make it impossible to have a fixed timelines. It follows therefore that you should immediately consult a personal injury attorney as soon as you are involved in such an accident so that the process can be commenced as soon as is possible.
Q: How do I Choose the Personal Injury Attorney Who Should Represent me in Court or in the Negotiations with the Insurance Company?
A: You should ensure that you take your time in making a decision as to the personal injury lawyer who should represent you in court. You must ensure that you take one who is not only competent but also one who has the experience and the capacity to deal with your matter. You should also take one who is enthusiastic about getting you the compensation that you rightfully deserve. Over and above any other consideration, you should appoint an experienced personal injury attorney who has your best interest at heart so that they can assist you get the best outcome.
Q: How Soon Should I Begin the Process of Putting Together Evidence After Being Involved in an Accident?
A: You should commence the process of putting together evidence in support of your claim as soon as you are involved in an accidents caused by road debris. You must ensure that you take pictures and videos of the accident scene as they shall be crucial in the pursuit of compensation.
Q: What Should I do if I Have a Personal Injury Claim that Happened as a Result of an Accident Caused by Road Debris Two Years Ago?
A: You should immediately speak to a lawyer so that they can review your situation and advise you on the best way forward. While most claims become stale after two years, there are certain exceptions that the law provides with regard to personal injury cases. It follows from this that your lawyer shall review the exemptions and advise you if you fit into any of the exemptions.
To Find Out Whether You May Have a Case, Contact Our Reputable Law Firm.
We at Big Ben Lawyers are available to help you out. We have helped injured people for decades and secured millions of dollars in compensation. We’ll work to get you the most money possible for road debris accidents or flying debris accidents.
We would like to let you know that our experience attorney will give you a free consultation and free case review when they contact us. The car crash attorney will explain to you what to expect in a debris-related accident and will be able to help you with the injury claim.
Big Ben Lawyers are available throughout the day with the aim of ensuring that they begin working on your injury claim as soon as you contact us. We shall ensure that we passionately act for you during the negotiations with the insurance company or the at-fault party with the aim of ensuring that you are adequately compensated. We shall also ensure that we file compelling court documents that would ensure that you get the amount of compensation that you deserve.
[1] Foundation for Traffic Safety, The Prevalence of Motor Vehicle Crashes Involving Road Debris, United States, 2011-2014, available on https://aaafoundation.org/prevalence-motor-vehicle-crashes-involving-road-debris-united-states-2011-2014/ accessed on 4th July 2024
[2] Ibid
[3] Justia, Road Hazards Causing Car Accidents & Potential Legal Claims, available on https://car-accidents.justia.com/causes-of-car-accidents/road-hazards/ accessed on 4th July 2024
[4] Ibid