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 parties have the prospect of receiving monetary restitution for their injuries. Depending on the facts of the case, a government agency could be held responsible for failing to maintain the road clear of debris. If the government 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.