Debris in the roadway

Who Is Responsible If I’m Injured By Debris On the Roadway?

You’ve probably seen debris floating around the road from time to time. If you’re lucky, you’ve never had the experience of running into anything and harming yourself or your vehicle.

Unfortunately, this sort of thing happens all the time. Read on to learn who can be held responsible if you are hurt as a result of debris on the roadway.

When Flying Debris is Unavoidable

If you’re driving and a rock or object flies off another car and hits you, this is considered unavoidable. You may be able to recover damages for a car accident by filing a claim through your own insurance policy.

If debris off another car causes you to get into a crash, it’s best if the driver pulls over and exchanges insurance information with you. Unfortunately, if the driver with the fallen cargo does not stop, you’ll have to use eyewitness statements or dashboard camera footage to figure out who the driver or business that owns the vehicle is so that you can file a claim against their insurance policy.

When Road Debris is Avoidable

If there is debris already laying in the road and you run it over, the insurance company considers it “avoidable” debris. According to insurance companies, this type of debris includes:

  • Furniture
  • Detached trailers
  • Oil slicks
  • Puddles

When a Third Party is Responsible

Sometimes, other parties may be responsible for accidents caused by road debris. For example, if a construction company fails to take reasonable care and places traffic cones in unsuspecting areas, the construction company may be held accountable for your injuries in a crash.

When the Government is Liable

Interstates must be kept clear of debris, according to rules in place by the Indiana Department of Transportation (INDOT). If you are injured in a crash as a result of road debris on a stretch of roadway that a government entity is in charge of caring for, you may be able to file a claim against the government for failing to keep the road free and clear.

However, the caveat to this is that the government entity must have known about the debris before you were injured in a crash and had not addressed it within a reasonable amount of time.

If you’ve been hurt in a crash as a result of road debris or negligence of any kind, we’re here to help you recover the compensation you deserve.

Contact Christie Farrell Lee & Bell today with the details of your case by calling (317) 245-3709 or filling out our online contact form to learn more about how we can help.

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