Road debris car accidents are pretty common in San Diego. If you or your loved one is a victim of a road debris accident, you may wonder if it is possible to file a lawsuit to get compensation.
You can file a lawsuit for compensation for an accident caused by road debris. In this blog, we will explain how exactly you can do so. If you will still have more questions about road debris accident lawsuits, you should consider consulting an experienced San Diego personal injury attorney to help navigate the compensation process.
Statistics and Facts about Road Debris Accidents in California
As earlier stated, road debris car accidents are quite common in California, including the entire San Diego area. In a study conducted by the AAA Foundation for Traffic Safety, between the years 2011 and 2014, there were over 200,000 road debris car accidents.
Around 500 people died in these accidents, and around 39,000 people sustained injuries. Notably, these numbers are increasing with each passing day.
The AAA study highlighted that most road debris car accidents happened when drivers swerved in an attempt to avoid the debris. Other accidents happened when drivers accidentally hit the debris or as a chain reaction to a multi-vehicle accident.
Moreover, the AAA study highlighted different types of road debris prone to causing accidents. Some examples of this road debris include detached wheels and tires, work zone debris, mufflers and exhaust systems, previous accident debris, appliances and furniture, road signs, detached tow trailers, tree limbs, construction equipment, and stray animals.
What Kind of Damage Can Occur in a Road Debris Accident?
Road debris accidents cause significant damage. Regardless of how the accident occurred, your vehicle will be structurally damaged, and you may sustain severe bodily injuries.
Below are examples of how your car might be damaged in a road debris accident:
- Broken windshields.
- Transmission damage.
- Cracked windows.
- Engine damage.
- Slicing, scratches, and dents.
- Airbag deployment.
- Popped tires.
- Alignment issues.
- Fender damage.
- Twisted, cracked, or bent frames.
- Broken headlights and taillights.
- Electrical systems damage.
Also, here are the most common injuries that occur in road debris accidents:
- Traumatic brain injuries.
- Lacerations.
- Injuries caused by deployed airbags.
- Head injuries.
- Neck and spine injuries.
- Permanent scarring.
- Disfigurement.
You deserve compensation if your car was damaged in a road debris accident. You also deserve compensation if you sustained an injury in a road debris accident or if your loved one died in a road debris accident.
What to Do After a Road Debris Accident
You may be wondering what you should do after being involved in a road debris accident. The first thing you should do after a road debris accident is to seek medical help.
You should still seek medical help even if you believe you have not been injured. This is because some injuries may be internal, and you might not notice them quickly. Some of these injuries might be life-threatening when they worsen. This is why you should undergo a medical examination after an accident, even if you believe you are perfectly fine.
Also, note that when you pursue compensation, you will be required to produce evidence showing the following:
- Why the defendant should be held liable for the accident.
- The extent and level of the damage resulting from the accident.
To prove the defendant's liability, you must illustrate that he or she was negligent. This is why preserving some evidence at the accident scene is essential. For instance, you can take photos of the wreckage and the road debris.
You can also interview individuals who witnessed the accident and jot down their personal details. These individuals can serve as witnesses in your lawsuit. What's more - obtain a copy of the police report. The police report will have precise details of how the accident occurred, which can help you prove your claim.
Once you have sought medical help, remember to store all your medical records safely. Such records may include the doctor's report, medical receipts, and prescriptions. You will need these medical records to prove to the court the extent of the injuries you sustained.
Lastly, reach out to a personal injury attorney for help in pursuing compensation. Do not attempt to pursue compensation by yourself. This is because most insurance companies are in business to make quick bucks, and they may deny your claim or award you a lesser amount of money than you rightly deserve.
Once you contact a personal injury attorney, he or she will advise you on the best way forward. Do not worry if you cannot identify the liable party or believe you need more evidence regarding the accident. Your attorney can help you investigate the accident and identify the liable party.
Filing a Lawsuit for an Accident Caused by Road Debris
Filing a lawsuit for an accident caused by road debris is possible. If you or your loved one is a road debris accident victim, you can institute a civil lawsuit to get compensation.
California law requires that public roads should be kept clear of debris. Any person or organization that violates this law can be held liable. You can institute this suit against the organization or person responsible for the debris.
As earlier stated, it is a requirement for California public roads to be kept clear. Road debris includes any materials on the roadway that hinder movement. Road debris is hazardous to all road users, including pedestrians, motorists, and cyclists.
Upon suing, if the court holds the defendant liable, you will receive compensation for the following:
- Pain and suffering.
- Lost income.
- Lost future income.
- Medical treatment.
- Vehicle damage.
If your loved one died in a road debris car accident, you could institute a wrongful death lawsuit to get compensation. Apart from getting compensation for pain and suffering, lost income, lost future income, medical treatment, and vehicle damage, you will also be compensated for burial and funeral expenses and receive general damages for losing your loved one.
Getting Damages in a Road Debris Car Accident Lawsuit
The main goal of filing a car accident lawsuit is to get compensation. The court will award you compensation equivalent to the loss you have suffered as a result of the accident.
The court can award you two types of damages after winning your lawsuit: general and special. General damages are also called non-economic damages, while special damages are also referred to as economic damages.
As the term suggests, economic damages cover losses that can be easily quantified monetarily. You can be awarded economic damages for:
- Hospital bills.
- Surgery bills.
- ER bills.
- Medicine and other medical supplies.
- Future medical expenses.
- Physical therapy.
- Court costs.
- Lost income.
- Loss of future earning potential.
The court will require receipts to prove economic damages. For instance, you may produce medical receipts to prove medical expenses and your payslip and tax reports to prove lost income and loss of future earning potential.
On the other hand, non-economic damages cover losses that cannot be easily quantified monetarily. Because they are much more difficult to calculate, they are usually awarded at the court's discretion. Non-economic damages cover the following:
- Pain and suffering.
- Loss of enjoyment of life.
- Scarring.
- Disability.
- Emotional distress.
Who is the Right Party to Sue When Filing a Road Debris Car Accident Lawsuit?
Identifying the right party to sue when filing a road debris accident lawsuit may be challenging. Determining the proper party to sue depends on three factors: the type of debris, how it got there, and for how long it has been there.
The right party to sue can be any organization or person who:
- Placed the debris on the road.
- Failed to pick up the debris after it fell off from their luggage.
- Failed to clean up the debris, yet he or she had a legal obligation to do so.
California Vehicle Code 23113 requires that anyone who places debris on the road, whether accidentally or intentionally, should remove it or cause it to be removed. Your attorney can help you identify the liable party, especially if you find it difficult to do so.
Can you Sue the Government in a Road Debris Car Accident Lawsuit?
Caltrans is mandated to keep roadways free of debris. Additionally, in any property owned by the government, the government has a legal duty to keep it safe from hazards, including debris. However, this does not mean that the government is always the guilty party in any road debris car accident occurring in a public place.
To prove that the government was liable, you must show that it knew about the debris and failed to take any reasonable steps to remove it. In most cases, it is difficult to prove that the government knew about the debris and failed to clean it up.
How to Prove the Defendant was Liable in a Road Debris Car Accident Lawsuit
Note that you must prove the defendant's liability before the court can award you compensation. To prove the liability of the defendant, you will have to base your claim on his or her negligence. You will assert that the defendant was negligent in placing the debris on the road or failing to remove it.
To prove negligence, you must illustrate the following three elements:
- The defendant had a duty of care.
- The defendant breached this duty of care.
- It was the defendant’s breach of the duty of care that resulted in the accident.
Any road user should maintain a reasonable standard of care while using the road. He or she should not leave debris to fall off the road. If this happens, he or she should take reasonable measures to clean it up. This is what is referred to as a "duty of care."
A "breach of duty of care" occurs when the defendant leaves debris on the road or fails to clean it up. You will successfully prove your claim by illustrating that this debris caused the accident.
Debris Falling Off a Truck
In San Diego, it is pretty common for debris to fall off a truck. If this debris is not cleaned up, it can result in fatal accidents. Fatal accidents can also occur when truck drivers swerve to avoid such debris.
Some examples of road debris that can fall off a truck include:
- Bales of hay to and from a farm.
- Branches and twigs from a landscaping truck.
- Vegetables and fruits.
- Scrap metal for recycling.
- Building materials to and from construction sites and suppliers.
Regular Drivers who Do Not Secure Objects
Motorists may attempt to carry luggage in their standard pickup vans or just their regular cars. However, most do not know how to secure this luggage effectively. As a result, some of this luggage may fall off, resulting in road debris.
Some common examples of regular drivers who do not secure their luggage properly include:
- Students going to college.
- Waste bags being transported to the dumpsite.
- Furniture loading from IKEA.
- Carrying too many objects on a road trip.
- Hauling lumber to and from a hardware store.
Other Motorists Hitting Road Debris
Some accidents occur when the driver hits road debris. You can also hold the driver liable for the accident in such cases.
Drivers owe a duty of care to their passengers and other road users. If they breach this duty of care and cause an accident, the court will hold them liable.
Drivers should exercise reasonable caution while driving. They should also be on the lookout for any obstacles, including debris. Moreover, they should appropriately control the movement and speed of the motor vehicle.
A road debris car accident can easily occur when the driver is speeding, intoxicated, or does not pay attention while driving. In such cases, the driver will only notice the debris when it is too late. As a victim, you can sue the negligent driver to get compensation.
Construction Companies Responsible for Road Debris
A construction company can be the guilty party in a road debris accident. Construction companies are legally obligated to keep construction zones safe for motorists to navigate. If a particular roadway is deemed unsafe, construction companies have a legal obligation to notify motorists about it using a conspicuous notice.
You can sue a construction company if they left debris on the road and failed to warn motorists about it. The court will award you compensation upon proving that the construction company is liable.
Private Property Owners as the Liable Parties
A road debris accident can occur on private property, such as private roads and driveways. In that case, you can sue the private property owner for compensation.
However, you must prove the private property owner knew about the road debris. You will also be required to show that the private property owner did not take any reasonable measure to remove the road debris or warn other individuals about it.
California Statute of Limitations for Road Debris Car Accident Lawsuits
Car accident victims in California should institute their civil lawsuits within a stipulated time frame. If they don’t, they risk losing their right to receive compensation.
If you are a victim of a road debris car accident, you should file your claim for compensation within two years from when the accident occurred. Once this timeframe lapses, you may be unable to pursue compensation.
However, the stipulated period is much shorter if you intend to sue a governmental entity. For instance, the California Statute of Limitations stipulates that suits against the State of California should be instituted within six months from the date of the incident.
It would be best to file your claim as soon as possible. This way, you will avoid the stipulated timeframe lapsing and, therefore, losing your right to pursue compensation. However, you should contact an attorney if you are unsure whether the stipulated timeframe has already lapsed.
What should I Do If My Child or Spouse was Killed in a Road Debris Car Accident?
If your child or spouse was killed in a road debris car accident, you could institute a wrongful death claim to pursue compensation. The court will hold the guilty defendant liable and order him or her to compensate you.
Notably, it is not a legal requirement for the deceased person to be either your spouse or child for you to qualify to claim compensation. You can institute a wrongful death claim on the loss of any person you are entitled to inherit, per California Succession Laws. For instance, a grandparent can institute a wrongful death claim for the loss of his or her grandchild.
Upon proving the defendant's liability, the court will award you damages for the following:
- Burial and funeral expenses.
- Loss of companionship, support, affection, and guidance.
- Loss of financial support.
Find a San Diego Personal Injury Attorney Near Me
We at the San Diego Personal Injury Law Firm can help you pursue compensation after you have been involved in a road debris accident. We have been helping accident victims in the San Diego area file lawsuits and get fair compensation for many years. Call us today at 619-478-4059 for a free consultation.