Road debris can cause serious accidents, and determining fault can be a complicated process. In most cases, the party responsible for the debris may be held liable if it leads to a crash. However, the situation can vary depending on the circumstances.
Was road debris to blame for your car accident, injuring you and causing vehicle damage? An experienced Indiana car accident lawyer can help you understand your rights and determine who is at fault, whether the debris came from another vehicle or a poorly maintained road.
Table of Contents
- 1 What Is Road Debris?
- 2 Will the Driver Always Be Considered at Fault in a Road Debris Accident?
- 3 What Should You Do After a Road Debris Crash in Indiana?
- 4 What Are Some Tips for Avoiding Road Debris?
- 5 What Compensation Can You Receive from an Indiana Road Debris Accident?
- 6 Is It Worth Filing a Claim if My Damage Is Minor?
- 7 Contact an Indiana Car Accident Lawyer
What Is Road Debris?
Road debris refers to any object or material on the roadway that’s not supposed to be there. These hazards can create dangerous situations, especially if they are not quickly removed or adequately marked.
Debris can come from various sources and can be any size, shape, or texture. When debris obstructs the road, it can cause car accidents by directly impacting vehicles or requiring drivers to swerve or brake unexpectedly to avoid hitting it.
The following are examples of road debris:
- Fallen tree branches
- Tire tread from blowouts
- Loose gravel or rocks
- Construction materials
- Garbage or litter
- Vehicle parts
- Broken glass
- Dislodged cargo
- Potholes or other road surface damage
- Fallen signage or traffic cones
- Animals struck by vehicles
Will the Driver Always Be Considered at Fault in a Road Debris Accident?
A driver who hits road debris may be considered at fault if their insurance company determines the collision was avoidable. However, in some cases, other parties may be responsible for the hazard. If debris falls from a vehicle, the driver of that vehicle could be liable for any resulting damage. A common example is when a driver fails to secure their load properly and it causes an accident.
Another typical occurrence on Indiana’s roadways involves a tire blowout that leaves debris on the road. In this situation, the manufacturer or maintenance provider could be responsible for the tire’s failure and any resulting harm to other drivers if the tire was defective.
Local or state authorities may sometimes be held accountable if the debris resulted from neglected road maintenance. If the road had potholes, loose gravel, or other dangerous conditions that were not repaired, the government agency responsible for maintaining the road could face liability.
Every case involving road debris is unique; only a thorough investigation can determine who is at fault. An Indiana car accident attorney can assess your situation to establish the parties who could be liable.
What Should You Do After a Road Debris Crash in Indiana?
After a road debris crash, the actions you take in the days and weeks that follow will go a long way toward protecting your legal rights and building a strong car accident claim. By following these steps and working with an Indiana car accident lawyer, your likelihood of recovering compensation could be strengthened:
- Seek Medical Care – Even if you feel fine, visit a doctor to check for injuries that may not be immediately obvious. Keep all medical records and bills and pass them along to your attorney.
- Document the Damage – Take photos of your vehicle and any injuries after the accident, and deliver them to your lawyer. These images can serve as valuable evidence for your claim.
- File an Insurance Claim – Notify your insurance company of the accident promptly. Stick to the facts and avoid saying anything that could be taken as an admission of fault.
- Request the Police Report – Obtain a copy of the accident report for details about the crash and official confirmation of the presence of road debris at the scene.
- Track All Expenses – Keep receipts for medical bills, car repairs, transportation costs, medications, and any other costs related to the accident.
- Consult a Lawyer – An experienced car accident attorney can review your case, identify responsible parties, and help you pursue the compensation you deserve.
What Are Some Tips for Avoiding Road Debris?
Indiana drivers can help themselves avoid road debris accidents by staying alert and following safe driving practices. While you can’t prevent all risks, the following tips can reduce your chances of encountering hazards:
- Keep your eyes focused on the road and watch for unexpected objects.
- Leave enough space ahead of your vehicle to react to debris or sudden stops.
- Refrain from texting, eating, or other distractions while driving.
- Use your headlights to spot debris sooner.
- Stay informed about construction zones or weather-related hazards in your area.
What Compensation Can You Receive from an Indiana Road Debris Accident?
If a road debris accident in Indiana hurt you or damaged your vehicle, you may qualify for compensation. The amount depends on factors like the severity of your losses, the circumstances surrounding the accident, and who was at fault.
You may be eligible for compensation for the following:
- Medical expenses, including anticipated future costs related to your injuries
- Lost income, including lost future earning capacity
- Physical and emotional pain and suffering
- Other expenses related to the accident, such as transportation costs for medical appointments
- Vehicle repair or replacement costs
Is It Worth Filing a Claim if My Damage Is Minor?
Filing a car accident claim for minor damage from a road debris accident can still be worth it, depending on your situation. Even relatively minor repairs can add up quickly, such as fixing a cracked windshield or scratched paint.
Your insurance policy may cover these costs, especially if you carry comprehensive coverage. Still, you should consider factors like your deductible and the possible impact of a claim on your insurance premiums. Your car accident attorney can help you determine if pursuing a claim is the right choice.
Contact an Indiana Car Accident Lawyer
If you suffered injuries in a road debris accident someone else caused, you need skilled and knowledgeable legal support to pursue the compensation and justice you deserve. Truitt Law Offices has over 40 years of experience and a strong track record of securing maximum compensation for Indiana accident victims. When you need a car accident attorney who cares, contact us right away to discuss your legal options in a free, no-obligation initial consultation.
