As a driver, you face many hazards on the roads. From other drivers and traffic congestion to weather and road debris, road conditions can quickly cause a motor vehicle accident. When road debris causes a collision with injury and damages, who is responsible for the compensating the accident victims?
Actions You Take When Encountering Road Debris
First, we need to look at how the crash occurred. When you encounter road debris, it is easy to panic. Your first reaction may be to jerk the steering wheel as you swerve to miss the debris. There are actually a few actions you can take when you encounter debris on the road.
No Action at All –
In some cases, you cannot take any action at all. Some road debris falls off other vehicles or objects and hits your vehicle. This sudden impact can cause you to lose control of your vehicle. Falling debris on roadways can also result in a crash, depending on the size and weight of the debris.
Hitting the Debris –
You may not be able to avoid hitting the road debris no matter what you do. If your reaction time is too slow or you are distracted, a collision may be unavoidable. Hitting road debris can result in serious damage to your car and yourself.
Swerving to Avoid Road Debris –
In some cases, you may be able to swerve to miss the road debris. Unfortunately, this is not always the case. Many drivers collide with oncoming traffic or other objects when they attempt to swerve to avoid colliding with road debris.
The fourth action you can take is to brake suddenly to avoid hitting the debris. Braking is usually the first instinct when you encounter road debris. Many times, braking does not cause a traffic accident, and braking allows you to miss the road debris. However, braking suddenly can result in a rear-end crash or other collision.
Regardless of how you react to road debris, you should not be held liable for damages if the collision is not your fault. However, determining fault and holding the liable party responsible can be difficult in a road debris accident.
Fault in Road Debris Accidents
In some road debris accidents, fault is clear and easy to prove. For example, if you wreck because a piece of furniture falls off a truck and collides with your vehicle, the owner, driver, or other party is likely responsible for your damages. Likewise, if a mattress falls off a truck and causes a wreck, the owner, driver, or another party is probably liable for the payment of your damages.
However, potholes and other damage to roads that cause accidents may result in claims that are more difficult to prove. These types of road debris accidents often involve government entities. You must treat accidents involving government entities carefully. If you fail to provide notice to the government entity, you may lose your right to file a claim. Therefore, you need a Rhode Island road debris accident attorney who understands the process and how to handle a road debris accident claim.
Call Our Rhode Island Car Accident Attorney for Help
If you have been injured in an accident involving road debris, do not assume the accident is your fault. Consult with our Rhode Island injury attorney before you decide how to proceed with an accident claim.
Contact Tapalian Law by telephone at
to schedule a free legal consultation with our Rhode Island car accident attorney.
Se Habla Español