Everyone who drives has dodged road debris, and it can pose serious driving hazards. The AAA Foundation for Traffic Safety’s research for the period 2018-2023 found that an average of 53,000 crashes, 5,500 injuries and 72 deaths annually involve road debris. Since these statistics are based on police reports, there is little doubt that many more events involving road debris occurred and were not reported. There are two main sources of debris hazards. One is items flying through the air, and the other is items lying in the road.
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Road Hazards Out of Nowhere
You have probably had something hit your vehicle’s windshield that seems to come out of nowhere. No one expects to drive into loose items, so it is very difficult to avoid the debris. It usually appears fast and unexpectedly.
Typical flying debris includes vehicle parts that come loose, tools that fly out of the pickup bed and tree branches blown by the wind. Tires that shred on large commercial trucks are particularly dangerous. The shredded piece can weigh up to 100 pounds. Most have steel wires or steel belts embedded in the rubber. A sharp metal and rubber piece can fly into another vehicle at the moment of a blowout, or it lands on the road and is hit by another vehicle.
Construction materials and household items are additional sources. Rocks flying off a dump truck and a cargo cover coming loose from a semi-truck create dangerous flying debris. Most highway drivers have swerved to avoid a black garbage bag or tarp covering their windshield.
The other major type of road debris is items lying on the road. For example, tree branches and fallen trees create hazards. Garbage that blew out of truck beds and is lying in the road forces drivers to take evasive action.
Unsecured loads are another major source of falling debris. When commercial truck cargo is improperly loaded or not properly secured, items can fall off and land on the road, such as bricks, pipes, lumber, gravel, etc. The type of debris from private trucks seen on the nation’s roads includes everything from mattresses and drink coolers to ladders and chairs. In construction zones, it is common to find traffic cones, loose gravel, and slippery tracked rocks and mud in the road.
Responding to Debris
Debris causes unexpected accidents in several ways. One is that the driver makes a sudden maneuver and loses control of the vehicle. The vehicle’s wheels on one side may go off the road, making it hard to steer. The driver overcorrects, causing an accident with another vehicle, or the vehicle flips. Distracted or fatigued drivers may not even see the debris, or they react too slowly, unable to make a good decision.
Swerving is a common cause of accidents. The driver sees debris, and the common reaction is to swerve or brake suddenly. Anything that startles a driver can lead to an accident. For example, flying debris cracks a windshield or hits the roof or side of a vehicle, prompting the driver to react instinctively. Swerving can cause the vehicle to cross into another lane, leading to a multi-vehicle accident, or the driver steers onto the soft shoulder on the side of the road, increasing the risk of a rollover. Sudden braking while traveling at a high speed is just as dangerous, especially since so many people tailgate today.
The fact is that even experienced drivers can overreact or make poor decisions when dealing with road debris. It is human nature to avoid hitting anything on the road or in the air.
Legal Issues Are Complex
Who is liable when you hit road debris, and it leads to an accident? The answer is important for determining the right person or company to hold responsible and for insurance purposes. Vehicle accidents caused by debris can result in serious physical and vehicle damage.
In some cases, the person or company causing the crash is easily identifiable. For example, cargo falls off a commercial truck, and the trucking company’s name is on the vehicle. There are laws requiring trucking loads to be properly secured and checked before leaving loading sites. The company or the driver can be held responsible.
However, what if debris, like tree limbs or shredded truck tires, is in the road, and its source is not obvious? An experienced car accident lawyer like the attorneys at Peterson Law Office will first ask: Who was responsible for cleaning up the debris? It could be a homeowner or business that allowed tree limbs to grow over a busy road and did not clean up broken limbs after a storm. It could be a government agency responsible for removing all debris, including shredded truck tires, from highways in a reasonable timeframe and keeping them cleared.
The circumstances of each event are different. In some cases, another driver causes the accident due to swerving or braking to avoid debris. It is not you who hit the debris, braked abruptly or swerved to avoid the debris, yet you are a victim in an accident. An unexpected accident can cause more than vehicle damage, especially at high speeds. There could be serious injuries leading to expensive medical bills. In some cases, drivers or passengers are permanently disabled.
Sorting out a legal claim based on who is the negligent driver is challenging. Investigative work includes many steps. The first step, if possible, is to identify the vehicle that is the source of the debris or the accident due to the response. The attorney has access to experts who can analyze the accident scene, looking for things like skid marks, road conditions and angle of the debris.
The lawyer will interview and question witnesses, locate potential surveillance footage from business or traffic cameras and rely on dash camera recordings. If a commercial vehicle is involved, lawyers will inspect the company’s records, such as the driver’s records and safety logs. It can get even more complex if a third-party contractor was responsible for loading and securing the cargo.
If road debris contributed to an unexpected vehicle accident, a car accident lawyer is key to protecting your rights to compensation. An experienced lawyer understands the challenges of accidents involving road debris, insurance company perspectives and the importance of promptly following through with a claim to the responsible person, insurance company or agency. Should a case go to court, the lawyer has all the facts and evidence to ensure you are treated fairly.