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

Kayla Lopez

20:43 30 Mar 25

Kristina Z

08:00 26 Mar 25

cece banuelos

00:21 12 Mar 25

I can’t say enough good things about Justin king and his team! After my accident, I was overwhelmed and unsure of what to do, but they made the entire process so easy and stress-free. From the very beginning, they were kind, professional, and incredibly hardworking. They kept me informed every step of the way and made sure I got the best possible outcome. I truly felt like they cared about me and my case. If you’re looking for a lawyer who will fight for you and treat you with respect, this is the team you want on your side! Highly recommend!

Savannah Gill

16:50 08 Mar 25

I can't say enough good things about The Law Offices of Justin H. King. After my car accident, I was overwhelmed dealing with the insurance companies. They really took a weight off my shoulders. The team was fantastic – always responsive and patient, answering all my questions whenever I called. They fought hard for me and got me a settlement I was really happy with. It was such a relief knowing they were in my corner. I highly recommend them to anyone needing help with a car accident case!

Kaylee McFarland

21:21 20 Dec 24

I hired J King Law to represent me when I was hit by a car walking into a grocery store in Hesperia, Ca. When I explained the situation to Justin and his firm they were extremely understanding and reassuring that this will be taken care of and they will fight for me. Throughout the process the whole team was very attentive and honest about everything that came up. I have nothing but, great things to say about this law firm. I highly recommend them to anyone that has suffered any injury whether it’s major or minor. The thing I appreciated most were the updates given almost every 2 weeks. They broke everything down to help me understand it all and I’m just so grateful for them. Thank you so much J King Law!

17:05 25 Oct 24

Thank you so much to Oliver King and Garrett Tuckerman for helping me with my case. They've been outstanding. Although the process was overwhelming, I felt reassured, supported, and listened to. I highly recommend the Law offices of Justin King to anyone who needs help.

Savana Martinez

18:30 04 Sep 24

The team at Law Office of Justin King went above and beyond with my case.
It was my first big automobile accident while being 6 months pregnant and I was terrified. I called them the same day and they took on my case immediately.
Throughout the whole process they were communicative and on top of everything. I would recommend to everyone and would go back to them again if need be.
Thank you to this amazingly firm !

Hate Nine

06:01 04 Sep 24

Wow! I can't say enough good things about the Law Offices of Justin King. Attitude starts at the top, & this firm is top tier. They represented me (& yes we won!) for an injury I sustained while riding my motorcycle westbound on the 10. Someone changed lanes without looking, which resulted in a knee injury, a lot of physical therapy, & a totaled motorcycle. I wasn't sure what to do or if this were even something worth pursuing. I found Justin's webpage & sent a quick message to him on a Saturday night then thought nothing of it. My first call from Justin was Sunday morning. I was immediately impressed. After hearing a bit of my story & asking a few questions I was ready to have Justin represent me. My first question was "How much do I need to come up with to get this started? Justin replied, you don't owe anything until we win. Not unless, until. That set the tone of the next 2 years of my life. As your case progresses it'll require work from you & a whole team working to represent you. Staci will call & let you know she's emailing documents that require signatures; Garrett will call to ask for details they need to understand & yes, he will call to remind you that you forgot to sign a document 3 days earlier. These are great people who genuinely care. They will take time to understand your needs & they communicate every step of the way. If you are injured, you need to call Justin & his team right away. You will not be disappointed!

Google only allows 5 stars, but these guys deserve 10!

Vivian Garcia

01:00 15 Aug 24

I was involved in my first big automobile accident last year, in Yorba Linda. I was a bit overwhelmed as you can imagine. Friends suggested that I hire an attorney to handle my case and I was not quite sure how to proceed. I was very fortunate when I was referred to Justin King’s office.

I met with Mr. King and found him to be very personable and he listened to my concerns. I felt very comfortable and confident that he would help me in getting a fair outcome to my case.

I want to also thank Garrett Tuckerman for all he did in keeping me updated with everything going on with my case and for being there whenever I had any questions or concerns. I also want to mention Leoni Barrera who was always pleasant and supportive when I called.

I highly recommend The Law Offices of Justin H. King for your personal injury needs. I feel that Mr. King and his whole staff, with their knowledge, expertise and professionalism will help make your experience a less stressful one.

Lisa Perchez

21:53 29 Jul 24

Last July I was struck by a falling case of liquor at Total Wine in Rancho Cucamonga which led to a slip and fall. My friends and family urged me to contact a lawyer after discovering I needed surgery to repair my broken wrist. A friend found Justin King on Google. Justin was compassionate, accessible, and took charge from the very first meeting. He was able to obtain the surveillance video capturing the entire incident, and made an appointment for me to see a prominent neurologist after the video showed the case struck the front of my head. The entire staff at The Law Offices of Justin H. King were very easy to work with, and I always felt like my case was getting personal attention. Thank you Garrett, Staci, and Leoni! My case went to mediation and settled for more than 3x what they originally offered. If you have been injured in an accident, I highly recommend The Law Offices of Justin H. King.

Leslie S.

18:26 13 Jul 24

I want to thank Justin and his amazing office. They made a very traumatic/ nightmare of a situation into a more bearable situation every step of the way. They kept us updated and we were reassured that we were in good hands. I want to also express my gratitude to Garrett for being so empathic and supportive through the ups and downs that comes with a case. We are so blessed to have had them handle our case. I would recommend them to anyone who is looking for a professional and dependable office. Thank you again Justin King Office!!!

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.