Driving on the freeway can be a stressful experience, especially when you consider all the potential hazards. One of the most common dangers is flying debris, which can cause significant damage to your car and even lead to serious injuries. If you find yourself in this situation, you may be wondering who is responsible for the damages to your vehicle and for your medical bills.

Who Might Be Found Negligent?

Negligence is a critical factor in determining liability for accidents caused by flying debris on the highway. Understanding the various parties that can be held liable and the elements required to prove negligence is essential. Negligence is defined as a failure to exercise the care that a reasonably prudent person would exercise in similar circumstances.

In the context of accidents caused by flying debris, negligence may be associated with various parties, including:

  1. Other drivers: If a driver fails to secure their cargo properly or if they fail to maintain their vehicle in a safe condition, they can be considered negligent. For example, a driver who does not secure a mattress to their vehicle’s roof and causes an accident when the mattress flies off can be held liable for negligence.
  2. Trucking companies: Commercial vehicles, such as trucks, often transport large and heavy cargo. Trucking companies have a responsibility to ensure that their vehicles are properly loaded and secured and that they follow all relevant regulations. If a trucking company fails to do this and an accident occurs due to flying debris, they can be held liable for negligence.
  3. Government agencies: Government agencies are responsible for maintaining roads and highways, including ensuring that they are free from debris. If a government agency fails to properly maintain a road and an accident occurs as a result, they may be found negligent.
  4. Construction companies: Construction work on highways can sometimes lead to debris being left on the roadway. Construction companies have a duty to ensure that their work does not create hazards for motorists. If they fail to do so and an accident occurs, they can be held liable for negligence.

What Are the Relevant California Laws?

In California, the law recognizes the potential dangers of flying debris on the freeway and holds parties responsible for damages caused by such debris. The California Vehicle Code requires drivers to secure their loads properly to prevent them from falling onto the roadway. If a driver fails to do so and their load causes damage or injury, they can be held liable for the resulting damages.

In addition to the driver’s liability, California law also recognizes the concept of “comparative negligence.” This means that if both parties are found to be partially at fault for an accident, the damages will be apportioned based on each party’s degree of fault. For example, if a driver was speeding and failed to avoid flying debris, but the party responsible for the debris failed to secure their load properly, both parties may be found partially at fault for the resulting damages.

What Are My Chances of Recovering Full Damages?

Much of this depends on the facts of the accident. To better understand how flying debris is related to liability, let’s consider a few examples:

  • A driver is traveling on the freeway when a piece of debris falls off a truck in front of them, causing significant damage to their car. The driver is able to identify the truck and the company responsible for it. In this case, the driver may be able to pursue a claim against the trucking company for failing to secure their load properly.
  • A driver is traveling on the freeway when a piece of debris falls off a truck in front of them, causing them to swerve and hit another car. In this case, the driver may be held liable for the damages caused to the other car and any injuries sustained by its occupants. However, if the driver can prove that the trucking company was negligent in securing their load, they may be able to recover some of their damages from the company.
  • A driver is traveling on the freeway when a piece of debris falls off a truck in front of them, causing them to swerve and hit a guardrail. In this case, the driver may be able to pursue a claim against the trucking company for failing to secure their load properly. However, if the driver was also speeding or otherwise driving recklessly, they may be found partially at fault for the accident, and their damages may be reduced accordingly.

Do I Need a Lawyer?

If you’ve been involved in a car accident caused by flying debris, it’s important to consult with a reputable advocate for auto collision injuries who can help you understand your legal rights and options. An experienced personal injury attorney can help you gather evidence, negotiate with insurance companies, and pursue a claim against the party responsible for the debris. They can also help you navigate the complex legal system and ensure that your rights are protected and that you receive fair compensation for your damages and injuries.

Flying debris on the freeway can be a serious hazard that can cause significant damage to your car and even lead to injuries. By understanding key legal terms, background case law for California, and examples of how liability can be determined, you can better navigate the legal system and pursue fair compensation for your damages and injuries. If you find yourself in this situation, call the Hejazi Law Group today at (866) 780-8585 for a case evaluation.