According to the AAA Foundation, there were 50,000 car accidents involving debris each year, resulting in almost 10,000 injuries and 125 deaths. Accidents involving debris were also four times more likely on freeways or Interstate highways where motorists drive at high speeds.
People often drive pickup trucks, flatbeds and SUVs without properly securing their cargo. These vehicles can sometimes leave behind debris that damages cars. Equipment or other objects that are improperly loaded onto a vehicle could also be road debris.
These are some common types of debris:
- You can damage or crack windshields and headlights by smaller flying objects like rocks or pebbles.
- Larger flying objects such as poorly secured wood planks can penetrate windshields and cause serious damage to vehicles or passengers.
- You can damage the undercarriage or burst tires with smaller stationary objects like nails.
- Larger stationary objects like pieces of equipment or construction equipment can be flipped on collision and even cause total car damage.
- Drivers and vehicles are not the only ones who can be harmed by objects on the roads. Drivers are often at risk when they try to avoid debris by swerving. They might also steer off the road, or collide with traffic barriers in an attempt to avoid collisions. This can lead to roll-overs and serious accidents.
Road Debris Laws of the United States
You can sue drivers for any damages or injuries they cause, just like other traffic accidents. This is usually done through a personal Injury lawsuit.
Take the following steps immediately after debris has been thrown at your car:
- Be sure to keep your passengers safe. Do not get out of your car while it is in the middle. You can move your car and yourself to a safe place if you’re able.
- If anyone is hurt, call the emergency services and report it to the police. The officer who arrived at the scene can also file a report at the station. It is best to keep a log of all events as soon as possible after the accident.
- Identify the person or vehicle responsible for your accident. Many drivers don’t realize that something has happened to their car. Drivers might continue driving despite the fact that they don’t realize what has happened to their car. Record any information you can remember about the vehicle, such as the make, model and license plate number. A lawyer can assist you in finding any additional evidence, such as traffic camera or security cam footage. Employers may be liable for negligence if the driver was an employee.
- Get the contact information for witnesses on the scene. You may be able to get more information from them, and they may testify as evidence.
- Photograph and video the debris and accident scene if you are able to do so safely. These images will help you prove what happened. Your attorney can assist you if you are unable to do so.
- Get checked by a doctor if you are not feeling well. There may be other injuries that aren’t obvious immediately. Whiplash can cause spinal problems or chronic pain that could last a lifetime. Documenting your injuries is just as important as your recovery. To prove the severity of your injuries, you can use your diagnosis and test results. This information can be used to support your claim against your insurance company or in a lawsuit.
- You should also speak to a personal injury lawyer immediately after you sign any agreements with insurance companies. Your insurance company will not consider you a priority. To protect their bottom line, they will limit your claim to the extent possible.
A lawyer is there to protect your interests and help you through the whole process.
Summarized from an article by Wilshire Law Firm.
