Even when all drivers on the road act prudently and cautiously, you may still have been injured in an accident. You may have run over debris or swerved to avoid something on the road. The party responsible for the debris on the road, or the one who did not clean it up, could be liable in a lawsuit. First, you need to contact an experienced attorney to investigate the accident and help you file a claim against a responsible party.
It is not always easy to determine who is responsible for debris on the road. In some cases, you may be able to pinpoint the source of the debris by the nature of the material. For example, if debris fell off a truck because the cargo was not properly loaded, you may be able to tell based on the brand and packaging of the material. The debris may have come from a truck. Improperly secured cargo may have fallen off during the journey, sending debris into the roadway. In this case, you may be able to sue the trucking company or the third-party cargo loader responsible for negligently loading the cargo. Here, there may be a large potential insurance policy against which you could recover financially.
Another potentially liable party was a construction company when the debris job material entered the roadway. In some cases, contractors are not careful and do not secure material when performing a job. In other cases, pieces of debris may end up in the roadway path due to contractor negligence.
You Could Sue the Government for a Road Debris Accident
You may also be able to sue the local government when an accident has been caused by road debris. The government has an obligation to maintain roads in reasonable condition. They may be legally obligated to clear debris within a reasonable amount of time after they knew or should have known about it. If the debris was in the roadway too long, you can file a claim against the government. However, you need to be aware of certain rules about suing the government ahead of time.
You may also consider filing a claim against your uninsured motorist policy if you cannot pinpoint the source of the debris. Chances are there was someone else to blame, even if you cannot figure out who. You may have debris coverage as part of your uninsured motorist coverage, and your insurance company would pay for your damages.
Road Debris Accident Cases Are Complex
Roadway debris cases can be very complex. It can take considerable investigation to determine the cause of the debris in the roadway. Further, you may lose crucial evidence quickly after the accident. It may be difficult to pinpoint the exact cause of the accident, whether it is another driver or debris in the roadway. Your lawyer would perform a complete investigation to determine who you can sue. There is a possibility that there is more than one responsible party, and you can sue all of them.
Contact a Baltimore County Car Accident lawyer at Huesman, Jones & Miles, LLC for Help Today
A Baltimore County car accident lawyer at Huesman, Jones & Miles, LLC can investigate your road debris crash. To schedule a free initial consultation, call us at 443-589-0150 or contact us online. Located in Hunt Valley and Towson, Maryland, we serve clients in Baltimore, Baltimore County, Bel Air, Bentley Springs, Columbia, Freeland, Hereford, Hampton, Westminster, Essex, Monkton, Sparks Glencoe, Parkton, Phoenix, Pikesville, White Hall, Carroll County, Harford County, and Howard County.
