Every day, thousands of drivers are on the California roads. While most drivers are alert, all it sometimes takes is road debris to get into a crash. One moment you’re driving down the I-5 or the 405, and the next your car is crashing because of a fallen cargo, scattered construction materials, or blown-out tire fragments.
In California, car crashes involving road debris can be fatal or may lead to life-altering injuries. According to the latest data, 4,061 people died in road crashes in 2023. While these numbers have gone down, debris still poses a serious threat to those on the road.
The question is, who is responsible for your injuries (or loss) when you’re in a car crash involving road debris in California?
What Counts as Road Debris in California?
You might think that only junk counts as road debris, but that’s not true. Road debris includes any object, material, or litter that shouldn’t be on the roadway.
It could be:
- Unsecured cargo from commercial trucks or pickup beds.
- Ladders, tools, or furniture dropped by moving vehicles.
- Construction materials (cones, fencing, gravel).
- Natural debris (rocks, branches after storms).
- Pieces of blown tires (also known as “road gators”).
The sudden need to swerve or stop because of such debris typically leads to multi-vehicle pileups or severe single-car crashes. Sometimes, the accident can be severe enough to result in a fatality.
Who Is Responsible for a Car Crash Involving Road Debris in California?
Like most people, after getting into this frightening accident, your first question is: Who is legally responsible? Since debris can come from virtually anywhere, finding out who is responsible can be more complicated than you think.
Here’s a list of people or parties responsible for it:
1. The Driver or Vehicle that Deposited the Debris
If the debris fell off a vehicle due to improper loading or unsecured cargo, the driver or the company that owns the vehicle can be found negligent. According to California Vehicle Code Sections 23114 and 23115, all loads must be secured to prevent spillage. Violating these statutes can make the driver and/or the employer legally liable for any resulting damages.
2. Construction Companies or Maintenance Crews
Work zones are notorious for road debris. If construction companies or their employees fail to keep work areas clear, or if warning signs are insufficient, they can be held responsible for accidents. Public buildings and departments may also share liability if poor maintenance or cleanup contributed to the hazardous condition.
3. Government Entities
Cities, counties, or the State of California have a duty to maintain safe roadways. If a dangerous buildup of debris persists for an unreasonable time, you may have grounds for a car accident claim against the appropriate government office.
But these claims against government entities are subject to strict deadlines and procedural hurdles, which means you might need to hire a California car accident lawyer. They can help you figure out who is responsible and help you file the claim.
4. Unknown Sources (Phantom Debris Cases)
Sometimes, the source of debris can’t be identified. Even then, you may be able to recover compensation, possibly through your own uninsured/underinsured motorist (UM/UIM) coverage or a comprehensive auto policy. Again, you’ll need to consult a California car accident lawyer to understand your legal options.
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What Damages Can You Recover in Road Debris Accident Claims?
When you file a car accident claim involving road debris, you may be able to recover compensation for your injuries, emotional stress, and property damage. Depending on your case, you may recover damages for:
- Medical expenses (current and future).
- Property damage.
- Lost wages and loss of earning potential.
- Pain and suffering.
- Emotional distress.
- Out-of-pocket costs.
Fatalities caused by road debris may allow surviving family members to seek wrongful death damages, including funeral costs and loss of companionship.
How a California Car Accident Lawyer Can Help
Handling a car crash involving road debris in California can be tricky. In most cases, it’s challenging to identify and hold the at-fault party responsible. That’s the reason you should hire a competent lawyer as soon as possible.
They can:
- Investigate the source of the debris.
- File a car accident claim with the right party or your insurer.
- Handle government paperwork and deadlines.
- Negotiate or take your case to court.
The goal is to get you compensated fully, not just for your car, but for your health and peace of mind too. The sooner you speak with a lawyer, the better your chances of recovering the damages to their fullest extent.
Don’t Wait to Seek Help
A car crash involving road debris may feel like bad luck, but it typically isn’t. More often than not, someone is responsible for the debris on the road, whether it’s a careless driver, a trucking company, or a construction crew. But you should speak to a California car accident lawyer as soon as possible to file a claim.
