Who is Responsible for My Accident If It Was Caused by Road Debris?


With so much traffic on our roads and highways, it is not surprising that we see so many accidents caused by road debris. When a car runs into something discarded in the middle of the road, it can cause the driver to lose control of their vehicle and crash, veering off the side of the road or crash into other vehicles. Usually, these accidents happen quickly and without warning, giving the driver almost no time to react. These accidents can cause serious damage and significant injuries to the occupants of the car and the car itself.

Common Road Debris That Causes Accidents

If you drive a decent amount throughout Delaware, you will periodically see debris in the roadway. With the amount of truck traffic and commercial traffic on the roads, things fall off trucks all the time. The following things are the type of debris that we see that causes crashes:

  • Bags full of trash, merchandise, or personal items
  • Barrels
  • Buckets
  • Falling debris from cliff and overhangs
  • Furniture
  • Ladders
  • Moving boxes
  • Parts of cars and trucks
  • Road carrion
  • Tires
  • Tools
  • Traffic cones
  • Traffic control devices
  • Wood and construction materials

This debris can come off many different types of vehicles. That is why it is hard to pinpoint the responsible parties who left debris in the road.

Different Parties That Could Be Responsible for Debris in the Road

There are many different types of entities that can be responsible for leaving debris in the road that runs the risk of causing an accident. Whenever you see something laying in the road, most likely it got there due to someone’s negligence. Whether it be improper securing of things in the back of a truck, failure to inspect the loads being carried by vehicles, improper loading of commercial products, or failure to properly secure road signs or construction material. The types of vehicles and drivers that leave behind the most road debris include:

  • Delivery companies
  • Road construction companies
  • Small construction trucks
  • State construction crews
  • Truck drivers
  • Trucking companies

The hardest part of these cases is to pinpoint who is responsible for leaving the debris, locating the responsible party, and determine what they did or did not do to cause the debris to fall into the roadway.

Once you track down who is at fault, then you can begin the case against them and their insurance company. Your attorney will put them on notice of the claim. If necessary, your attorney can file a lawsuit which will force the defendant to respond.

Sometimes the Debris Is Not on the Road at All

In some cases, the debris that causes the crash is not on the road at all, but is flying through the air. There have been many cases where people were injured in car crashes caused by stuff coming off a truck, flying through the air, and striking another vehicle. Sometimes, tires come flying off vehicles because they were not properly secured. These tires come zipping off a vehicle and rolling and bouncing down the road at high speed. When a tire hits your car, it can cause significant damage and injuries.

What To Do If Your Car Was Hit by Road Debris?

There are certain things that you can do that can potentially help you and your Delaware car accident lawyer prove who was at fault in your road debris accident. But only do these things if it is possible without putting yourself into extra harm’s way. For example, do not try to pick up the debris if it means you have to dodge into oncoming traffic and put yourself at risk for being hit by a car. But, if you can possibly do the following, it will help with submitting evidence to prove who was at fault in putting debris in the road:

  • If you were involved in a car accident caused by road debris, contact 911 and get the police to the scene of the accident. You should do this whether you are seriously injured or just suffered minor injuries. Having police there will be able to control the scene and prevent secondary collisions and other people being hurt. Also, the officer will investigate the accident, take your statement and witness statements, and potentially help identify who left the debris in the road.
  • If possible, take the debris out of the road and keep it to give to your lawyer. Make sure to get all of the debris if it is in pieces. You never know what information you can pull off a piece of debris. It could have names of companies, piece numbers, or some other kind of ID on it.
  • Take photographs of the debris as well as the general area of the accident. The photos may show evidence of who left the debris in the road. At the very least, the photos may show security cameras that show the scene and can pinpoint who left the debris in the road.
  • Seek medical care as soon as possible. This will help you get a diagnosis but also support the fact that you have been injured.
  • Contact a skilled and experienced Delaware car accident lawyer to help you investigate the case and begin to fight for your right to receive full and fair compensation for your injuries.

By doing these things, you can significantly increase your chances to receive fair compensation for your injuries

The Wilmington Car Accident Lawyers at Rhoades & Morrow Can Help Recover Compensation for Your Road Debris Car Accident Injuries

If you or a family member has been seriously injured in a car accident caused by road debris, we can help. Our experience Wilmington car accident lawyers at Rhoades & Morrow focus their practice on helping people seriously injured in car and truck accidents. Call us today at (302) 600-1107 or fill out our online form for a free consultation. With offices in all three counties of Delaware, we service clients throughout the state.


Delaware Injury Lawyers

R & M Lawyers
Rhoades & Morrow

Our attorneys provide exceptional legal service with a personal touch. Since our founding in 1990, we have helped thousands of Delaware citizens obtain full and just compensation for personal injury claims. We have gained an excellent reputation as the “go to” law firm. Let us put our decades of experience to work for you.

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