The best approach for safe driving is to be on full alert at all times. Not only do you have to be aware of your car’s speed, but you also have to be aware of everything happening around you, from traffic signals to all the other vehicles. You also have to constantly be on the lookout for debris showing up on the road or flying through the air. Would you know how to follow up if flying debris hits your car?
Debris can take many forms. In the winter, ice can fly off the car in front of you. As ABC27 reported earlier this year, ice on cars is such a hazard that it is officially illegal to drive in Pennsylvania with ice on your car. A study conducted by the AAA Foundation for Traffic Safety found that road debris was a factor in over 50,000 police-reported crashes during the time period.
In any accident where you’re not at fault, it is helpful to find someone to hold liable for your damages. That can be a challenge with debris that strikes your car. However, there are some possible entities that you and your attorney might be able to assign the blame to:
Negligent Drivers
Flying debris comes from somewhere. If you can trace that to another vehicle, it will be easy to assign liability. Often, when that happens, it is not intentional, but it can be negligent. For instance, debris can fly off the back of a pickup truck or dump truck if the cargo hasn’t been properly secured.
To prove this type of negligence, you need to be able to tie that debris to the vehicle. A dash cam would be ideal. You could also seek out witnesses or traffic camera footage.
City or State Entities
There could be a scenario where the road hazards result from poor road maintenance. Loose gravel, chunks of asphalt, or concrete can fly up when struck by a car or fall off an overhang. Even though you could ascribe negligence to those poor conditions, there are limits on how you can pursue those government agencies.
One exception would be if those agencies were repeatedly made aware of the hazardous condition and failed to act. In that case, the blame would be squarely on the agencies for not following through.
Construction Companies
There is a lot going on in work zones. Whether you’re driving by a section of road repair or a construction site, the Pennsylvania Department of Transportation has established some specific rules for motorists to follow that are primarily focused on slowing down. However, even if you slow down, you could still be struck with flying debris such as gravel, bricks, rocks, and other construction waste.
You can hold the workers and the company liable for your damage or injuries in that situation.
Private Property Owners
Sometimes, a private property owner could cause flying debris to hit your car. For example, they could be mowing a lawn when the mower shoots a rock that strikes your car. There could also be loose gravel from their property that could fly up when driven over. These are the kinds of accidents that you need to stop and take photos of the scene right away. It will also help to put the owner on notice.
Swerving to Avoid Debris
Every driver has a duty of care to drive defensively to avoid accidents. That also means preparing for the unexpected. If you suddenly swerve to avoid debris and strike another vehicle, you could still be liable for that damage. However, this could also be argued as an unavoidable accident.
Warning Exceptions
You need to be aware of some exceptions to the road debris liability. That exception has to do with warning signs. If you approach a stretch of road where hazard signs are posted and get into an accident, you would be considered at fault. Your insurance company could still pay for damages after your deductible is paid, but you would be limited by the constraints of your policy.
Finding Help
Sorting out who could be held liable in an accident involving flying debris is right in the wheelhouse of Laffey Bucci D’Andrea Reich & Ryan. We bring decades of combined experience to help every client. We know how to find evidence to support cases. We also have the skills to take on insurance companies to get a remedy for your losses. We want to hear from you. Call to schedule a consultation today.