Determining Liability for a Car Accident Due to Road Debris

Drivers who are carrying cargo on their vehicles must make sure it is properly secure. Otherwise, they could cause an accident when the cargo falls to the road and become a hazard for others. Road debris is a common cause of car accidents that can injury thousands of people. If you have suffered injuries in a road accident because of roadway debris, you may be entitled to compensation. A skilled idaho car accident attorney will help you determine fault for your accident. You should discuss your claim with them and know how your attorney can help you pursue compensation that can take care of your medical bills, property damage, and lost wages. 

Kinds of Road Debris that May Cause Accidents

Road debris that can harm road users come in many forms. And when they are the cause of an accident, several parties may be liable for why they are on the road: This debris include the following:

  • Flying debris. Private car drivers may be responsible for injuries if their vehicle cargo falls onto the roadway and result in an accident. Those who own bigger vehicles like SUVs and pickup trucks usually use them for transporting bigger items such as furniture pieces. Some sedan owners may tie down a mattress to the hood with the use of bungee cords. If cargo flies off a car, the vehicle’s driver could be liable for any accidents the debris caused. 
  • Construction site debris. Freeways that are under construction can cause traffic delays and may result in accidents. This can happen when construction workers leave equipment on open roadways. If your injuries were caused by construction site debris, you can hold the construction company liable for them.
  • Debris that is on the roadway. Debris such as garbage bins and detached trailers may also cause an accident. If you were in this accident, your lawyer will investigate the failure of the municipality or city to clear the roadway of this debris.

Who is Liable When You Try to Avoid the Debris?

When a driver sees roadway debris, they will usually swerve, so they don’t hit it. But, this can result in an accident and the driver could be held liable for it. In this case, you can file a claim through the insurance company of the other driver if the debris flew off their car. But, if you collided with another car when you swerved, you may still get partial compensation based on the comparative negligence laws of Idaho.