Road debris can wreak havoc on the traveling public and their vehicles, especially when a driver does not notice the road hazard until much too late. With nearly two-thirds of debris-related car accidents occurring from items falling from a vehicle due to improper maintenance and unsecured loads, according to the American Automobile Association (AAA), it is important to know how to avoid these types of situations. However, should you find yourself involved in an incident caused by trash or other items on the road, it is equally important to know your rights and the types of information to gather at the scene to prove negligence to be compensated for damages or injuries.
First, it is worth mentioning that there are generally three types of accidents caused by road debris:
When it comes to being awarded damages in a road debris accident, you must first prove that an individual or government entity is negligent and has essentially caused the accident. It is likely easier to prove that an individual did not secure a load correctly and it subsequently fell from their vehicle and caused an accident. However, government entities may also be held responsible for incidents in which roadways are not reasonably cared for. For instance, any of the following may lead to an accident:
In this case, the government agency responsible for maintaining the roadway may be held responsible if the hazard should have been noticed and corrected within a reasonable amount of time. Depending on the type of roadway and the jurisdiction, you may be dealing with a city, state, or federal agency. In some cases, certain government entities are exempt from being sued, so it is important to determine who is in charge of maintaining a particular stretch of road. Still, there are many other types of debris that can cause chaos, including:
In these cases, the driver of the vehicle may be held responsible for causing an accident.
Therefore, it is important to remain calm and collect as much information as possible while on the scene. In addition to calling the police to file a report that will serve as the official documentation, do a little legwork on your own. Begin by gathering contact information from anyone who may have seen the incident occur and could potentially serve as a witness. Also, be sure to take photos or video of the crash site, the debris in the road, any skid marks that resulted from trying to avoid the debris, damage to your vehicle, and any injuries that you sustained. While you may not feel like you have been severely injured, seek medical attention to document the incident as well.
If you find yourself in a situation where an accident is imminent, slow down as much as possible to minimize injuries and damages. Keeping your eyes on the road and avoiding distractions also are helpful in averting such incidents. Above all, do not tailgate and try to look down the road to anticipate assured clear distance between you and other vehicles.
Despite your best efforts, if you are involved in an accident caused by road debris, call the Macon car accident lawyers at Childers & McCain, LLC at 478-254-2007 or fill out our online form for a free consultation. With our office located in Macon, Georgia, we serve clients in Savannah, Albany, Atlanta, Bibb County, Chatham County, Columbus, Crawford County, Oglethorpe, and Peach County.
Facing the aftermath of a serious accident can be overwhelming. Before you speak with the insurance companies, make sure you schedule a free consultation with the Macon personal injury lawyers at Childers & McCain. We can protect your rights while anticipating the insurance company’s tactics to make sure you get the full compensation you deserve. You don’t have to navigate this tough road alone – let our team of professionals help you move forward.