Who Is Responsible for Road Debris Damage?

Apr 2

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.

Understanding Liability for Road Debris Damage

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:

  • The defendant owed a duty of care to the injured victim
  • The defendant breached the duty of care by failing to act how a prudent person would act under similar circumstances
  • The defendant’s breach caused the plaintiff injuries
  • The injured victim suffered damages because of the defendant’s breach

Parties who may be liable for road debris damage might include a driver, construction company, or another entity. For example:

  • A driver might fail to secure items in the back of a truck properly
  • Construction workers might allow materials to fly off large vehicles or fall from building sites onto the road
  • Someone might even throw something heavy out of a window, which might crash through someone else’s windshield

The Aftermath of Highway Incidents: Navigating Damage Claims

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:

  • Move your vehicle to the side of the road if it is safe to do so
  • Contact 911 or the local police department
  • Gather information at the scene
  • Get medical attention
  • Contact a car accident attorney
  • File an insurance claim

How Our Law Firm Can Assist with Your Road Debris Damage Claim

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.

Get Legal Help From an Experienced Indiana Car Accident Attorney

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.

Tom Blackburn

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.

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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.