If you were injured in an accident caused by debris on the road in California, you may have a valid personal injury claim, depending on how the debris got there, who was responsible, and how the accident happened. Road debris accidents are surprisingly common and can lead to serious crashes—especially on highways or at night.
🚧 What Counts as Road Debris?
Road debris can include:
- Unsecured cargo that fell off trucks or cars (e.g., mattresses, furniture, tools, lumber)
- Tire treads or blown tires
- Auto parts from previous collisions
- Tree branches or natural debris
- Construction materials
- Metal objects, like mufflers or bumpers
- Dead animals or wildlife
Debris may either be stationary (e.g., already on the road) or sudden/active (e.g., flying off a moving vehicle in real-time).
💥 Common Injuries from Road Debris Accidents
Depending on the crash type, road debris can cause:
- Swerving accidents into other cars, dividers, or off-road areas
- Rear-end collisions when braking suddenly to avoid debris
- Direct impact injuries from airborne debris striking the windshield
- Motorcycle wipeouts
- Rollover crashes
Injuries may include:
- Whiplash
- Head trauma or concussions
- Broken bones
- Facial injuries from shattered glass
- Road rash or crush injuries (especially for motorcyclists)
⚖️ Who May Be Liable?
Liability for road debris accidents in California depends on how the debris got there and who failed to act responsibly. Potentially liable parties include:
1. Private Vehicle Drivers
If debris came from a passenger car, pickup, or SUV due to unsecured cargo (like a mattress, tools, or household goods), that driver can be held liable under Vehicle Code § 23114, which requires loads to be properly secured.
2. Commercial Trucking Companies
If a company truck (e.g., flatbed or delivery truck) dropped cargo or equipment, the driver, employer, or cargo loading contractor may be liable.
3. Government Entities
If the debris was:
- From poor road maintenance
- A result of unremoved fallen tree limbs
- Left behind by city workers or construction crews
…the city, county, Caltrans, or another agency may be responsible. These claims must follow the California Government Claims Act—you usually have just 6 months to file.
4. Unknown or Unidentified Drivers
If debris flew off a vehicle that sped away or was never identified, you may be able to file an uninsured motorist (UM) claim with your own insurance, depending on your coverage.
🧩 What Evidence Can Support Your Case?
Because these cases can be tricky, gathering strong evidence is crucial:
- Dashcam or surveillance footage (can help identify the responsible vehicle)
- Photos of the scene and debris
- Witness statements
- Police report (especially if CHP responded)
- Vehicle damage photos and expert analysis
- Accident reconstruction expert (for serious crashes)
- Medical records linking injuries to the accident
If a government agency is involved, photos of missing signs, damaged roads, or poor cleanup efforts are key.
💰 What Compensation Can You Recover?
If someone else is found liable, you may be entitled to:
✅ Economic Damages:
- Medical expenses
- Lost income
- Vehicle repairs or replacement
- Transportation or rehabilitation costs
✅ Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Permanent disability or scarring
👨⚖️ Do You Need a Lawyer?
Yes. Road debris cases often involve:
- Identifying unknown or fleeing drivers
- Filing against public agencies
- Handling disputed liability
- Negotiating with insurers (especially UM claims)
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].