The Department of Highway Safety has stated that there are at least 250,000 incidents each year that involve road debris. These incidents may be as simple as having your windshield cracked or the hood of your car dented, or as serious as an accident. For those who are injured or harmed in any manner by road debris, establishing liability and making an injury claim can be difficult. But shile establishing liability may be difficult, it is not impossible.

Establishing The Liable Party

Finding the liable party for road debris is very hard. In as little as thirty seconds, you cannot tell where the tire tread that smashed your window came from, or who dropped the box off of their truck. Sometimes, with a little luck, you will be able to get the license plate, see the name of the company on the truck, or have a witness stop. In most cases, however, the incident occurs so quickly that you are unable to identify the responsible party.

If you have comprehensive insurance on your vehicle, an attorney can help you make a claim against your policy without having to establish a liable party. Additionally, in some states, whether you ask an auto accident attorney in Miami or clear over to Montana, drivers are allowed to make a claim against their personal injury or no-fault policy if they were injured in this manner.

Government Responsibility

The government is responsible for cleaning road debris. They have special departments that regularly drive the roads looking for hazards. When notified of an accident, the police will respond with a clean-up crew.

Establishing a liability claim against the government is very hard. You must establish that they had knowledge of the road debris and did nothing to remove it from the road. Also, under many different government immunity laws, individuals cannot sue the government for damages they receive from their failure to act.

Assistance Of A Personal Injury Attorney

While all of this information may lead you to believe that you cannot be compensated for your injury or damages due to road debris, all hope is not lost. A personal injury attorney will be familiar with the laws in your state and will be able to help identify whether you can seek damages for your injury. A professional injury attorney is equipped with the knowledge and experience to approach the right agencies or the insurance company and seek compensation for your damages.

How to Proceed

If you have been injured in this manner, schedule a consultation with a personal injury attorney and have them review your case. Bring a detailed account of everything that happened, including what you remember right before and right after the incident, and proof of all the damages and injuries you incurred. The attorney will be able to review the information and set out a plan of action.

Road debris is a hazard that everyone who drives must face. Debris on the road can directly impact your car and person, or can cause you to react in a manner that causes you to have an accident. Many multi-car events happen because there is something in the road that causes one car to swerve.

Drivers must always use caution when on the roads, especially when traveling at high speeds. Road hazards can be avoided without causing a crash, but only when the driver is aware of the road conditions.