From fallen cargo and tire treads to construction materials and displaced vehicle parts, running into unexpected road debris during your drive can cause devastating crashes. If you got into an accident caused by road debris, let us walk you through your legal rights and options.
What Types of Road Debris Commonly Cause Accidents?
Construction materials like lumber, metal pipes, and concrete fragments frequently fall from improperly secured loads on trucks; automotive parts, including tire treads, mufflers, and unsecured cargo, can separate from vehicles; natural debris such as fallen trees, large branches, and rocks can scatter on the road after storms or high winds.
When these objects sit on busy roads, drivers have to make split-second decisions: swerve and potentially lose control of their vehicle, or collide with the debris and risk whatever damage may come.
How Does New Jersey Law Address Road Debris Accidents?
Depending on the circumstances, New Jersey law can hold several parties responsible for scattered debris and resulting car accidents.
For instance, vehicle operators must properly secure all cargo and materials, the government entity responsible for the road in question needs to clean it of fallen debris after a reasonable amount of time, and construction companies must maintain their work zones and secure all materials properly during and after operations.
If a driver sustains an injury, the victim may have grounds to bring a lawsuit against the at-fault party.
How Do I Prove Liability in a Road Debris Accident?
To prove another party’s liability in your road debris accident, you or your attorney will need to conduct a thorough investigation. Collect physical evidence from the accident scene, including photographs of the debris, skid marks, and vehicle damage, and solicit witness statements from other drivers or bystanders who observed the debris source or the accident itself.
Request a copy of the police report generated after your accident, as these reports can give an unbiased account of the road conditions, contributing factors, and preliminary fault assessments. If you had a dashcam, or if your accident occurred near a traffic cam or populated area with security cameras, the recorded footage may have captured the origin of the debris.
What Compensation Can I Recover After a Road Debris Accident?
Judges in New Jersey have awarded victims of road debris accidents various forms of compensation to pay for the following expenses:
- Medical coverage, including emergency care, hospitalization, surgeries, medications, physical therapy, and ongoing treatment costs.
- Lost wages, which make up for income lost during recovery and potential future earning capacity reductions.
- Property damage costs, to cover vehicle repairs or replacement, and personal property damaged in the accident.
- Pain and suffering damages, to address any physical discomfort and emotional distress resulting from injuries and trauma.
New Jersey’s no-fault insurance system means that victims need to turn to their own insurance policies first to cover their initial costs, but depending on the coverage you purchased and the severity of your accident, you may have options to pursue further compensation via a personal injury lawsuit.
Find Experienced Legal Representation with the Monmouth County Car Accident Lawyers at Mikita & Roccanova, LLC
If you need to deal with injuries after an accident caused by debris, trust the Monmouth County car accident lawyers at Mikita & Roccanova, LLC to provide you with comprehensive legal support. With offices in Hazlet and Highland Park, New Jersey, our team will guide you through every step of the recovery process. Call 732-705-3363 or fill out our online form for a free consultation. We serve clients throughout Ocean County, Sussex County, Neptune, and Middlesex County.