You’re driving along the highway when suddenly, you hit a shredded tire. What looked like a harmless rubber pile was heavy and laced with steel bolts. That “road gator” seriously damaged your car’s undercarriage.
You’re not alone in this scenario. Between 2011 and 2014, road debris caused more than 200,000 accidents, leading to 39,000 injuries and 500 deaths.
When road debris causes an accident, drivers are often left wondering who will foot the bill for medical care and damages to the vehicle.
Who is Liable for Damage from Road Debris?
The answer to this question is complicated because each accident is unique. Truckers and motorists are responsible for the cargo they carry. Similarly, homeowners are responsible for improper tree trimming and the illegal placement of garbage or debris in the roadway.
But in many cases, you don’t know who to blame for the debris.
Shredded tires are commonly found on highways, but it’s impossible to know whom they belong to. Logs and other debris may be sitting in the middle of the road, but the at-fault driver may be long gone.
Unless you witness the debris falling off of a vehicle, it may be virtually impossible to determine who is responsible for the damage. And unfortunately, about two-thirds of debris-related crashes result from items falling from a vehicle.
Truckers and loaders can certainly be held responsible for accidents and injuries, but you must be able to prove that the debris originated from the trucker or loader.
Filing a Claim with Your Insurance Company
If you cannot identify the party responsible for the road debris, you can normally file a claim through your insurance company if you have collision coverage. Typically, insurance companies will classify road debris accidents as avoidable accidents.
Your auto insurance policy may also cover you if you have uninsured motorist coverage.
Before filing a claim, ensure the damage is worth the potential surcharge and is greater than your deductible. Otherwise, submitting a repair claim may not be worth the cost.
If your vehicle was hit by flying debris and you could not identify where the object came from, the damage may be covered by your umbrella or homeowner’s insurance policy.
Your auto insurance policy may also cover this type of accident. Insurers consider flying debris to be a comprehensive claim. You will still have to pay a deductible, which will be lower than a collision claim.
If the debris damaged your windshield, there’s a good chance that the repair will be covered, and you can claim without paying a deductible. Some insurers offer extra windshield coverage that will allow you to avoid paying a deductible even if the windshield needs to be replaced.
Here’s the good news: comprehensive claims don’t typically increase your insurance premiums. Many carriers will only raise your rate if you’ve filed more than three comprehensive claims in three years.
Tips to Avoid Damage from Road Debris
While it’s impossible to predict when you might encounter road debris, there are several steps you can take to minimize your risk:
- Maintain a Safe Distance: Always keep a safe distance from the vehicle ahead of you. This will give you more time to react if you encounter debris in your path.
- Stay Alert: Always be alert and focused on the road while driving. Avoid distractions such as mobile phones or eating.
- Use Your High Beams: Use your high-beam headlights when driving in areas with no oncoming traffic at night. This can help you see debris on the road sooner.
- Avoid Swerving: If you come across debris on the highway, resist the urge to swerve. Swerving can lead to loss of vehicle control or collisions with other cars.
- Regular Vehicle Maintenance: Regular vehicle maintenance can prevent debris from your car from ending up on the road.
Remember, safety should always be your priority while driving. Following these tips can help you avoid accidents caused by road debris.
Frequently Asked Questions (FAQ)
What should I do immediately after a road debris accident?
Immediately after a road debris accident, ensure your safety and the safety of others around you. Contact the police and your insurance company, and document the accident scene if possible.
What if the damage is less than my insurance deductible?
If the cost of repairing the damage is less than your deductible, it might be more cost-effective to pay for the repairs out of pocket.
What precautions should truck drivers take to avoid causing road debris accidents?
Truck drivers should ensure their cargo is properly secured and regularly inspect their vehicles for loose parts that could fall off.
Can I be held liable if debris from my vehicle causes an accident?
Yes, if debris from your vehicle is not properly secured and falls onto the road causing an accident, you could be liable.
What should I do if I witness debris falling off another vehicle?
If safe to do so, try to get the license plate number and vehicle description. You should report this information to authorities as soon as possible
