Who Is Responsible for a Road Debris Accident?

Metier Law Firm
Wed, 07 Jun 2017 18:00:10 +0000
Safety Lawyer, Cheyenne, Colorado, Denver, FortCollins

Road debris is a serious safety threat found on highways and interstates throughout the country. Furniture, old tires, car parts, electronics and other objects routinely cause car accidents. In fact, the AAA Foundation for Traffic Safety claims more than 200,000 accidents were caused by road debris between 2011 and 2014. More than 39,000 people suffered injuries and another 500 died as a result of these road debris accident accidents. In a majority of the fatal accidents, motorists lost control of their vehicles while swerving to avoid debris.

It is important to understand that many of these accidents are caused by negligent commercial drivers or regular motorists who are hauling objects. For example, a commercial driver hauling equipment may fail to properly tie down his or her load. This could cause the equipment to come loose and hit other motorists. Depending on the circumstances, the driver and his or her employer could be held accountable if they caused an accident.

Noncommercial motorists can also be held accountable for these accidents. It is against the law in Colorado to drive with an unsecured load. Drivers are required to tie down objects with ropes, ratchet straps, netting or chains to prevent objects from coming loose. Loads should also be covered by a tarp.

There are also cases where poor vehicle maintenance can cause road debris accidents. For example, let’s say the drive shaft falls off a commercial truck and goes through the windshield of a nearby motorist. If it was discovered poor maintenance practices led to the accident, it may become possible to hold the driver’s employer accountable for any injuries or deaths.

How Can I Avoid a Road Debris Accident?

According to the AAA Foundation for Traffic Safety, motorists can avoid road debris by:

Scanning the road ahead for 12 to 15 seconds to look for debris

Not tailgating other drivers, especially those hauling objects

Safely reducing speed to avoid objects

Maintaining open space around their vehicles in case they need to move to avoid objects

Depending on the circumstances of a road debris accident, it may be possible to file a lawsuit for damages. Drivers harmed by these accidents should speak with one of the car accident attorneys at Metier Law Firm, LLC to discover possible legal options.