Published by C.L. Mike SchmidtSchmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.
You're cruising down the highway when out of nowhere, you hit a piece of road debris. Now you're left wondering—does this count as an at-fault accident? The answer isn't always straightforward, but we’re here to break it down for you.
At Schmidt & Clark, we’ve helped countless clients in similar situations over the past decade, ensuring they receive the claims they deserve. Our experienced legal team knows exactly what details to focus on to get the best results, and we’ll guide you through what to expect.
Quick Summary
- The AAA Foundation for Traffic Safety's research suggests that, on average, road debris contributes to about 50,658 crashes each year (with a confidence interval of 42,066 to 59,250), leading to around 9,805 injuries and 125 deaths annually.
- Before filing a claim, make sure that the damage is worth more than your deductible. Also, make sure that the damage is more significant than the surcharge.
- Ideally, the driver's policy will include collision coverage or uninsured motorist coverage to cover accidents caused by road debris.
Who is Liable for Damage from Road Debris?
The party who is liable for the damage from road debris will depend on the circumstances surrounding the accident and the type of debris you hit.
Hitting a piece of road debris that caused damage to your vehicle may allow you to file a claim with your own insurance company if you have coverage.
However, if another driver caused the debris, you may be able to file a claim with their insurance company.
For example, if a driver loses a tire on the highway and you hit it, their insurance company would be liable for the damage to your car.
What is Road Debris?
Road debris is a term used for an object on the road that does not belong there. They can come from many different sources, both from cars and other things.
Some examples of road debris are:
- A tire that fell off of a truck
- Cardboard box
- Tree limbs
- Mattress
- Loose/broken car part
These are serious road hazard items that can lead to serious car accidents. This debris can be dangerous for drivers, cyclists, and pedestrians. If a driver hits the object itself or swerves to avoid the object and hits another vehicle or pedestrian, this can cause a road debris crash.
Crashes involving road debris are approximately four times more likely to occur on interstate highways compared to other types of roads [1].
Debris is a bigger hazard on interstate highways, which tallied about one-third of the debris crashes - Jurek Grabowski, Research Director for Foundation for Traffic Safety in the American Automobile Association
What Is Avoidable Road Debris?
Avoidable road debris is any debris that could have been avoided if the driver had used proper caution.
For example, if a driver hits a piece of debris because they are not paying attention, this may be avoidable.
If you are in a car accident because of debris, the insurance company might not pay for the damages.
This is because they say that the debris was 'avoidable.' You would need to be able to prove that the debris came from the other car involved in the debris-caused accident.
What Is Unavoidable Road Debris?
Unavoidable road debris is any debris that could not have been avoided, even if the driver had used proper caution, such as flying debris.
When flying debris hits your car, it is considered unavoidable. The driver did not cause the accident and could not have avoided it, thus making you eligible for a comprehensive claim if you have comprehensive insurance.
Another example is if a large tree limb falls on the road and you hit it, your insurance provider would likely consider this unavoidable debris.
2 Exceptions to Avoidable Road Debris
Some situations may be exceptions to the rule regarding avoidable debris:
- If a warning sign alerts drivers to problems ahead and you hit the debris anyway, your insurance company might consider this avoidable.
- If government authorities did not properly maintain the dangerous road debris, your insurance company might consider this avoidable.
In these road debris crashes, you would likely still be responsible for paying your deductible in these debris-related crashes, but your premiums might not go up.
Road debris accidents happen. Cars on the road often transport items that are not secured well. If an accident happens and you are hit by debris from a truck, talk to a personal injury attorney about what you can do.
What To Do If You Hit Road Debris?
If you hit road debris and it causes damage to your vehicle, the first thing you should do is pull over to the side of the road. Try to move your vehicle to a safe location away from traffic.
You must then file a police report to document the vehicle's damage. This is important because you will need this report when you file an insurance claim and prove that the debris flew off the negligent driver's vehicle.
Filing a Claim with Your Insurance Company
If your car is damaged due to hitting debris, you should file a claim with your insurance company. You will need to provide information about the accident and the property damage.
According to Insurance Org, if you have collision coverage, uninsured motorist coverage, or comprehensive auto insurance, your car insurance will likely cover the repairs, especially if flying debris damages your car. However, you must pay your deductible before they reimburse you [2].
If you only have liability insurance, your insurance company may still be willing to help you pay for the repairs. However, they may consider this to be an at-fault accident. This means that your premiums could go up.
Remember that they may charge you an additional surcharge on your premiums. Generally, this surcharge is equal to one-quarter of your annual premium.
Essential Documentation Requirements for a Successful Claim
Proper documentation strengthens your insurance claim, helping substantiate the details of the incident and ensuring a smoother process.
Here are the key documents to gather and keep organized:
- Accident Report: Obtain a copy of the police or accident report from the scene. This official document is often required to validate your claim.
- Photos and Evidence: Capture clear photos of the accident scene, any road debris, vehicle damage, and environmental factors that could be relevant. These visuals provide valuable context and support.
- Medical Records: If injuries occur, save all treatment records, bills, and diagnostic reports linked to the accident.
- Witness Statements: Gather contact information and statements from witnesses who can confirm your events.
Key Insurance Policy Terms to Review
Understanding your policy’s language is critical to knowing what is covered and ensuring you follow proper claim procedures.
Focus on these areas:
- Coverage Details: Look for terms such as "collision coverage," "comprehensive coverage," and "property damage liability" to confirm accident-related protection.
- Exclusions: Be aware of exclusions that may apply, as some policies may limit coverage for accidents due to road debris.
- Claim Filing Procedures: Check how to file your claim, including required documents and reporting timelines, as the policy specifies.
Time Limits for Filing Claims
Timely filing is crucial to avoid denied claims.
Know the deadlines that may apply to your situation:
- State-Specific Deadlines: Each state has its statute of limitations for accident-related claims, so confirm this timeframe to maintain your right to file.
- Insurance Company Deadlines: In addition to state laws, insurance companies may set their own reporting deadlines, often between 30 days and several months after the incident.
Common Reasons for Claim Denials
Avoid common pitfalls that can lead to claim denials by understanding these frequent issues:
- Insufficient Documentation: Missing or inadequate records can result in a denied claim, so ensure all necessary paperwork is provided.
- Policy Exclusions: Claims are often denied if the incident is excluded under policy terms.
- Late Filing: Missing filing deadlines may automatically deny your claim.
Typical Damage Costs to Consider
Calculating damages accurately can help you file for a fair claim amount.
Here are common cost estimates:
- Vehicle Repairs: Damage costs can range from a few hundred dollars for minor issues to thousands for major repairs.
- Medical Expenses: Minor injuries might result in medical bills under $1,000, while severe cases can exceed $10,000.
- Lost Wages: If injuries keep you from working, account for lost income by calculating based on your wages and time off.
By gathering documentation thoroughly, familiarizing yourself with policy language, adhering to filing deadlines, and knowing common denial reasons, you can strengthen your case and improve your chances of receiving fair compensation.
Always consult with legal or insurance professionals if you have questions or need assistance navigating the claims process.
Hire a Personal Injury Attorney
If you are injured due to a road debris accident, you should hire a personal injury attorney or a car accident attorney to proceed with a personal injury claim. They will help you get the compensation you deserve for your injuries.
They will also assist with any claims against a government entity, which can be complicated and time-consuming. With an attorney, you can focus on recovering from your injuries and returning to your normal life.
FAQS
Does car insurance cover hitting an object?
Car insurance will likely not cover hitting an object. However, if you have comprehensive coverage, it may help with the repairs.
Is running over a tire considered an accident?
Yes, running over a tire is considered an accident. You should file a claim with your insurance company, and they will likely cover the repairs.
Can I file a claim if the debris was left on the road by another vehicle?
Yes, if you can prove another driver was responsible for the debris that caused the damage, you may be able to file a claim against their insurance.
Related Article: Using Headphones While Driving
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Seek Legal Help for your Road At Fault Accident
If you were involved in a car accident that was caused by road debris, you might be able to collect compensation to cover the costs of injuries and vehicular damage. Our lawyers at the Schmidt & Clark, LLP will help accident victims collect compensation for recovery.
References:
- https://aaafoundation.org/prevalence-motor-vehicle-crashes-involving-road-debris-united-states-2011-2014/
- https://www.insurance.com/auto-insurance/claims/things-in-the-road-mattresses-ladders-bowling-balls.html