Who is Liable for Accident Caused by Road Debris?

Last Updated on June 27, 2025 by Beltz Law Group

Road Debris Accidents in Texas: Who Is Legally Responsible?

Beltz Law Group: 214-321-4105

Texas highways are critical arteries for commerce and travel, but they also face a persistent and dangerous problem: road debris. Objects falling from vehicles, discarded items, or inadequately maintained roads contribute to thousands of preventable accidents each year. These incidents can range from minor property damage to severe injuries and even fatalities. According to Texas Department of Transportation (TxDOT) data, debris-related incidents are a significant concern, highlighting the urgent need for drivers and responsible parties to ensure road safety.

If you’ve been involved in an accident caused by road debris in Texas, determining who is legally responsible can be challenging. The at-fault party is often not immediately apparent, and multiple entities could share liability. Navigating these complex personal injury claims requires a deep understanding of Texas law and a thorough investigation. The Beltz Law Group is here to help you understand your rights and pursue the compensation you deserve.

Understanding Road Debris Accidents in Texas

Road debris refers to any object or material on the roadway that creates a hazard to drivers. This can include:

• Unsecured cargo: Ladders, furniture, construction materials, gravel, trash, or anything falling from cars, trucks, or trailers.
• Vehicle parts: Tire shreds (gators), bumpers, mufflers, or other components that detach from vehicles.
• Construction materials: Debris left behind by road crews, such as cones, barrels, or tools.
• Natural debris: Fallen trees, branches, or rocks, especially if not promptly cleared by maintenance crews.

Texas Law on Securing Loads

Texas law is clear about the responsibility of drivers to secure their cargo. Texas Transportation Code Section 725.021 mandates that vehicles transporting loose material must be equipped and maintained to prevent materials from escaping by blowing or spilling. This means:

• Vehicle beds carrying a load cannot have holes, cracks, or openings through which loose material can escape.
• The load must be covered and the covering firmly secured at the front and back, unless the load is completely enclosed.
• Tailgates must be securely closed.

Violations of this law can result in fines and, more importantly, establish a basis for negligence if unsecured cargo causes an accident.

Who Can Be Held Responsible for Road Debris Accidents?

Determining liability in a road debris accident often requires identifying who was responsible for the debris being on the road or failing to remove it. Potential at-fault parties may include:

1. The Driver/Owner of the Vehicle that Lost the Debris:
   • This is often the primary responsible party. If an accident is caused by an object falling from another vehicle due to an unsecured load or poor vehicle maintenance, the driver and/or the vehicle owner can be held liable.
   • Challenge: Identifying this vehicle and driver can be extremely difficult, especially in hit-and-run scenarios where the driver may not even realize they caused an accident.
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   Trucking Companies and Commercial Carriers:

   • If the debris came from a commercial truck (e.g., an 18-wheeler, construction truck, or delivery vehicle), the trucking company may be held liable in addition to the driver. This could be due to:
     • Negligent Hiring or Training: Employing unqualified or poorly trained drivers.
     • Negligent Maintenance: Failing to properly inspect and maintain their fleet (e.g., worn tires, faulty brakes).
     • Improper Loading: Negligence in the loading or securing of cargo.
     • Violations of FMCSA Regulations: Federal Motor Carrier Safety Administration (FMCSA) rules govern commercial trucking, including strict standards for vehicle maintenance and cargo securement.
3. Governmental Entities (State, County, City):
   • Governmental entities, such as the Texas Department of Transportation (TxDOT) or local municipal maintenance departments, are generally responsible for maintaining safe public roads.
   • Sovereign Immunity: Suing a government entity in Texas is complex due to the doctrine of sovereign immunity, which protects government agencies from lawsuits unless they specifically waive that immunity.
   • Texas Tort Claims Act (TTCA): The TTCA partially waives sovereign immunity in specific circumstances, including injuries caused by the negligent use of publicly owned motor vehicles or certain “premises defects” (like dangerous road conditions).
     • To sue a government entity for a road defect (like a pothole or unremoved debris), you must generally prove they had actual knowledge of the dangerous condition and failed to remedy it within a reasonable timeframe.
     • Strict Notice Requirements: A critical hurdle is the strict notice requirement. You typically must provide formal written notice of your claim to the governmental unit within 180 days of the incident. Some local governments may have even shorter deadlines (e.g., 45 or 90 days). Failing to meet this deadline can completely bar your claim, regardless of its merits.
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   Private Contractors:

   • If a private company (e.g., a construction firm, road maintenance contractor) is responsible for the area where the debris caused an accident, and their negligence led to the hazard, they can be held liable. This is often an easier path than suing a government entity, as traditional negligence laws apply.
5. Adjacent Property Owners:
   • In some rare cases, if debris falls onto the road from private property (e.g., landscaping materials, unsecured items from a yard), the property owner might bear some responsibility.

Proving Negligence in a Road Debris Accident Claim

To successfully recover compensation, you must prove the four elements of negligence:

1. Duty: The responsible party owed a duty of care to ensure the roadway was safe or that their cargo was secured.
2. Breach: The responsible party breached that duty (e.g., failed to secure a load, didn’t clear known debris).
3. Causation: The breach of duty directly caused your accident and injuries.
4. Damages: You suffered actual damages (injuries, property loss) as a result.

Crucial Evidence for Your Claim:

• Photographs and Videos: Immediately take photos and videos of the debris, the accident scene, vehicle damage, skid marks, road conditions, and any relevant signs or lack thereof. Dashcam footage can be invaluable.
• Police Reports: Obtain a copy of the official police report, which may contain initial observations, diagrams, and witness information.
• Witness Statements: Collect names, contact information, and brief accounts from anyone who saw the incident or saw the debris prior to the accident.
• Vehicle Maintenance Records: If the debris came from another vehicle, their maintenance records could show neglect.
• Trucking Company Logs: For commercial vehicles, driver logs (HOS) and maintenance records are critical.
• Medical Records: Document all injuries, treatments, and associated costs.
• Expert Testimony: Accident reconstructionists can help prove how the debris caused the crash. Trucking experts can analyze compliance with federal regulations.

Seeking Compensation for Your Damages

If you’ve been injured in a road debris accident, you may be entitled to compensation for:

• Medical Expenses: Past and future medical bills, including emergency care, hospitalization, surgery, physical therapy, and medication.
• Lost Wages: Income lost due to time off work for recovery, and future lost earning capacity if injuries are permanent.
• Property Damage: Cost of vehicle repairs or replacement.
• Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish.
• Other Losses: Such as loss of consortium, disfigurement, or impairment.

Insurance Claims:

• Third-Party Claim: If the at-fault driver or entity is identified, a claim can be filed against their liability insurance.
• First-Party Claim (Your Own Insurance): If the responsible party cannot be identified (e.g., a hit-and-run debris incident), your own auto insurance policy may provide coverage:
  • Collision Coverage: For damage to your vehicle.
  • Uninsured/Underinsured Motorist (UM/UIM) Coverage: This is vital. If the vehicle that dropped the debris is unknown or uninsured, your UM/UIM policy may cover your bodily injuries and property damage. In Texas, UM/UIM often extends to cover hit-and-run accidents where the other vehicle cannot be identified, including those caused by debris.

Texas’s Modified Comparative Fault Rule:

Texas follows a “modified comparative fault” rule (also known as the “51% bar rule”). This means if you are found to be 51% or more at fault for the accident, you are barred from recovering any damages. If you are found to be less than 51% at fault, your compensation will be reduced by your percentage of fault. For example, if you are 20% at fault, your compensation will be reduced by 20%.

Why You Need a Texas Road Debris Accident Attorney

Road debris accidents are inherently complex. Identifying the responsible party, gathering sufficient evidence, and navigating the legal nuances—especially when dealing with governmental immunity or uninsured motorists—requires significant legal expertise.

The Beltz Law Group has a deep understanding of Texas personal injury law and a proven track record in handling challenging accident cases. We can:

• Conduct a thorough investigation to identify all potential at-fault parties.
• Help gather crucial evidence like police reports, witness statements, dashcam footage, and expert testimony.
• Navigate complex governmental immunity laws and strict notice requirements if a government entity is involved.
• Handle communications with aggressive insurance adjusters and fight to ensure your rights are protected.
• Maximize your compensation for all your damages, including medical expenses, lost wages, pain and suffering, and property damage.

Don’t let the complexities of a road debris accident prevent you from seeking justice. Contact the Beltz Law Group today for a free, confidential consultation. We are dedicated to providing compassionate and effective legal representation for accident victims across Texas.

Call us at 214-321-4105.