- Who Is Responsible for Road Debris?
- Who Would Be Liable for a Road Debris Accident?
- Our Legal Team Can Investigate Your Accident
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Who Is Responsible for Road Debris?
Any object or material left out on the road is considered “road debris,” and it can create a hazardous environment for drivers, their passengers, and pedestrians. Even the most alert driver can be thrown off by the sudden appearance of road debris. It may be cargo that spilled from a trailer, a part of a construction project, a mattress that fell off a pickup truck, or something entirely different.
While the victims of a road-debris-related accident are often not at fault, if another vehicle was not involved in the collision, the insurance company may try to deny that the debris even existed in order to pay as little as possible. The Glendale car accident attorneys at Aghabegian Law Group, P.C. can take a closer look at what happened. With our decades of experience, we may be able to negotiate on your behalf to get you the compensation you deserve. Contact us today at (818) 350-HURT (350-4878) for a free consultation.
Who Would Be Liable for a Road Debris Accident?
According to Vehicle Code 23113, those responsible for leaving behind road debris, whether it is placed, dropped, or thrown on a street or highway, must remove the road debris in question or face legal consequences. So, the person who left road debris behind is responsible for its presence. Whether it fell off the back of a truck after not being properly secured, was left behind by construction workers, or was dumped, the person who was transporting it is to blame – but finding that person is often impossible. The city or county government, however, may actually be liable for the incident since it is responsible for keeping the streets and freeways cleared.
Road debris is especially dangerous. Drivers can get into accidents by crashing into road debris or by swerving out of the way to avoid it, which endangers other cars and pedestrians. But if the responsible party is not found, you may need to rely on your own insurance policy to cover your damages.
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The types of insurance that may cover road-debris-related accidents include:
- Liability coverage. If you can identify the truck that did not secure its cargo, which landed on the road, or saw a driver purposefully tossing garbage from his window that caused you to crash, and could prove it, that person’s liability policy (the at-fault insurance) should cover your injuries and other losses in the crash.
- MedPay. Having MedPay, which is optional coverage for your immediate medical treatment after a crash, can make all the difference. It does not matter who or what caused the accident; if you have MedPay, it covers you up to the policy limits.
- Uninsured motorist (UM) coverage. If you were injured by some type of road debris and those responsible have fled the scene, leaving no clues as to who they are, your own uninsured motorist policy may be applicable.
If the city that maintains the street or highway failed to clear the road of debris in a timely manner, it may be held liable in a government tort claim. This may be difficult to prove, however, as the injured party must provide evidence that the agency failed to clear the road even after receiving proper notice. Also, there are shorter deadlines to file these types of claims – some as short as two months. You should speak to an experienced Los Angeles lawyer immediately after your crash.
Our Legal Team Can Investigate Your Accident
Car crashes caused by road debris can lead to personal injury or even wrongful death. Victims of road debris accidents should not have to face medical bills, lost wages, and other financial burdens because of someone else’s negligence. Our Glendale car accident attorneys at Aghabegian Law Group, P.C. have decades of experience with Los Angeles streets and freeways. We will dig into the details of what happened so we can reach a successful outcome in your case. Call our office today at (818) 350-HURT (350-4878) for a free consultation.
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