Some drivers experience the terrifying incident of being hit by flying debris. Sometimes, road debris damage results in minor vehicle or windshield damage that might not even warrant an insurance claim. However, there are instances where road debris results in substantial vehicle damage, bodily injury, or fatalities.
Insurance claims stemming from these types of accidents can be challenging, as identifying the liable party can be difficult. In such cases, speak to a trusted South Bend car accident attorney who can determine the liable party and hold them accountable whenever possible.
Contact a Car Accident Lawyer Near You
Many people wonder: Is flying debris on the freeway my fault if it damages my car? In many cases, someone else might be responsible.
However, one of the greatest challenges of road debris damage is gathering evidence about the at-fault party so they can cover the damages. Determining the liable party in a road debris car accident involves establishing who was negligent and caused the debris to go flying loose.
You must establish the four elements of negligence to obtain compensation from the at-fault party:
Parties who may be liable for road debris damage might include a driver, construction company, or another entity. For example:
City, county, and state authorities are responsible for maintaining roads in good condition. You can file a claim against the government after vehicle damage, bodily injury, or fatality associated with a road debris accident.
You can initiate a successful claim if you demonstrate that the government failed to maintain safe conditions. Sometimes, a government attempt to fix a road defect may leave debris on the road, leading to accidents and losses.
You must demonstrate negligence on the part of the government to obtain compensation for your losses.
In a nutshell, you must demonstrate that:
The aftermath of a road debris accident may be confusing, so you should immediately contact an attorney. Unlike other accidents, filing a personal injury claim against the government has special considerations.
Under Indiana Code 34-13-3-6, you must file a notice of claim against the attorney general or the relevant agency within 270 days. The input of an attorney is crucial in your compliance with the legal timelines.
You should also consider hiring an attorney if you’ve suffered severe injuries and significant damage to your vehicle. An attorney will evaluate the accident’s full impact and fight for a fair settlement value for your losses.
Several parties are potentially liable for road debris accidents in Indiana, including:
However, you’ll need evidence to prove your claim of fault. You should demonstrate the party who caused the accident is responsible for paying your damages. You’ll present the evidence to an insurance company or a jury during trial.
Some of the evidence in establishing the liable party include:
After road debris damages your car, your actions can enhance your safety and protect your right to compensation.
Here are a few steps to take following road debris damage:
You can obtain various damages for injuries resulting from flying debris in a car crash. The damages are a form of compensation that attempts to reinstate your state before the losses associated with the injury.
Here’s a list of possible damages:
When you hit an object on the road, you may lose control, leading to a crash and serious injuries. You can take the following steps when this happens:
Our experienced car accident attorneys will work hard to obtain a fair settlement for your injury-related losses. First, our attorneys’ understanding of car accident laws is instrumental in proving negligence on the part of the other driver.
Further, many insurers are quick to table lowball offers, which puts injured victims in a difficult situation. An attorney will evaluate each offer in relation to injury-related losses and, if necessary, negotiate for a higher settlement.
If a road debris accident causes you injuries, you might face costly medical expenses, lost income, emotional anguish, and other injury-related losses. You, therefore, need representation from an experienced attorney who’ll aggressively represent your interests.
Blackburn Romey has a team of highly skilled attorneys ready to represent you. Contact us online or at (833) 264.0903 for a free, confidential consultation.
Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.
