Auto Accident Law: Important Factors to Consider When Filing a Lawsuit for Road Debris

Anyone who leaves debris on a road is responsible for any damages that were caused by the debris. When the driver and/or passenger suffers injuries in an auto accident because of debris left behind by another, the injured people have the legal right to pursue a personal injury lawsuit. By filing a lawsuit, the injured pgovernment agency is found liable, it may have to provide financial compensation to the injured victims for damages sustained.

Identifying Possible Liable Parties

In order to identify the responsible party, the following elements must be identified:

The type of debris that caused the accident,
How the debris got to the location,
Length of time in which the debris has been at the location

Based on California’s Vehicle Code section 23113, any party who dumps, drops, place, deposits, or throws debris on a roadway should immediately remove the debris or assist in the removal of the debris.

Finding a culprit for debris left on a road can be difficult to determine. Auto accidents involving road debris, however, often implicate severe bodily injury and other damages. Finding a responsible party is crucial to obtain the necessary monetary compensation that can help to cover exhaustive medical expenses and other costs.

Proving Liability for Roadway Debris

Liability in auto accident cases in the State of California is regularly based on carelessness and negligence. Under the state’s negligence law, accidents caused by the careless drop of an article or leaving objects on the road, the careless party could be held responsible for injuries and/or damages caused.

In an auto accident lawsuit, the victim will need to demonstrate that the accused was careless in causing the auto accident. The victim will need to demonstrate the following elements in order to show that the accused was negligent: The accused owed the victim a duty of care, the accused breached the duty of care, and the accused’s breach was a significant contributor in causing the victim’s injuries.

When it comes to roadway accidents, the duty of care refers to the general obligation for all to use reasonable and conventional care in the management of their property or person. Reasonable individuals will not be negligent in loading items on a motor vehicle that could fall off while driving and potentially injure another person using the same road.

The victim will need to demonstrate that the accused person breached his or her duty of care by: Carelessly loading the vehicle, failing to secure the cargo in the vehicle, and thereby allowing the items to fall off the motor vehicle and onto the roadway.

Consult a Professional Attorney When Filing For a Lawsuit

If you or someone you know has been injured because of debris that was left on the road by a careless party, seek the legal support of a professional attorney to file an auto accident lawsuit.

Attorney Justin H. King is a professional personal injury attorney who has helped many clients receive compensation after negligent parties injured them. Attorney King is specialized in the field of auto accident cases in the State of California.

Categories : Auto Accidents

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By Justin H. King, Esq. | Posted on June 15, 2019

Melinda Jordan

09:02 18 Dec 22

I went from feeling like a basket case from all the stress to feeling calm and collected after talking to Justin. He is a phenomenal personal injury lawyer and is a truly calming and reassuring presence. This firm helped me in ways I can't even adequately put into words, other than to say Thank You, Justin, to you and your awesome team.

Marjorie Harris

04:14 18 Dec 22

After an auto accident, I felt really nervous calling an attorney because I had never worked with one before. But from the first conversation I had with Jessica, I felt so at ease. Justin then called me and was so easy going and we had a nice conversation too. The entire staff took great care of me and I am very happy.

Sheila Hughes

03:45 18 Dec 22

I was in a car accident that was not my fault two years ago. A friend of mine had a family member who had been helped in the past by Justin King, and they suggested I call him. I'm so glad I did! Justin and his team took great care of my situation and got a great settlement for me. I highly recommend them if you have been in an accident. You will be very happy with what this firm. They are smart, hard-working, honest, and take great care of their clients.

Margaret James

04:43 01 Dec 22

Justin's entire staff is the best car accident lawyer team in Rancho Cucamonga. Justin, Oliver, Jessica, and Garrett all provided me with excellent service and treated me like family. They are all such great people, and always so honest and responsive to me. I gladly recommend them to anyone needing the services of a car accident lawyer in the Inland Empire.

Wm Holland

06:13 17 Nov 22

When I needed a lawyer following a car accident on the Interstate 15 Freeway in Rancho Cucamonga, Justin King, and his team were there for me. I appreciated how his entire staff always seemed happy to answer my questions and were so good about returning all my phone calls and emails. I could tell this firm has immense experience in helping people get their life back after an unfortunate car crash. I was so happy with the outcome of my case and the results Justin obtained from the insurance company on my behalf. I have recommended their office to all my family members and neighbors. I hope you never need to call them. But if you need the best car accident lawyers, I can vouch that they are excellent.

Auto Accident Law: Important Factors to Consider When Filing a Lawsuit for Road Debris

Identifying Possible Liable Parties

Proving Liability for Roadway Debris

Consult a Professional Attorney When Filing For a Lawsuit

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