Debris falling from vehicles on highways is a major problem in Texas, causing many accidents each year. According to a report by the Texas Department of Transportation, there were 1,600 road accidents between 2012 and 2015 due to falling debris. During this, 5 people also lost their lives. Whereas between 2011 and 2014 there were more than 500 deaths and 200,000 accidents. It is clear that road debris is a big problem due to which many road accidents happen.
If you are injured in an accident due to debris on the road, then you have to prove that you are not responsible for it. There can be many causes of road accidents, for which it would be wrong to hold yourself responsible. However, it can be very difficult to prove yourself innocent. By law, it is not allowed to drive a vehicle with a load on the highway unless it is covered and securely fastened. Those who do not follow them are responsible for these accidents. But proving it is not as easy as it seems.
Who is Responsible for Accident Caused by Debris?
To get proper compensation, you have to prove to the insurance company that you have no hand in this accident. For this, first of all, you have to make sure who was responsible for the safety, maintenance, and repair of the road. This party can act as a defendant for your personal injury or property damage claim if you can prove that the authority was negligent in properly maintaining a safe and fault-free road.
If potholes or debris left on a public road cause a vehicle accident, it is possible that a government entity has breached its duty to provide adequate road maintenance. The state or municipal government may be responsible for road maintenance. In other words, the responsibility for the accident is his as he did not do his job properly. However, it is difficult to file a case against them. But if a private contractor, such as a road improvement or maintenance company maintained by a state or municipal government, becomes the responsible party, traditional accident law applies.
How to Get Compensation for a Dangerous Road Wreck Accident?
To prove your innocence in road debris accidents, you must present evidence that links the defendant’s negligence to the cause of your accident. Evidence in a road debris claim can be in the form of photographs, eyewitness statements, or expert testimony. If you have been injured by debris falling on the road, take pictures of the debris. Also, take pictures of any damage caused to your vehicle by the accident.
Next, contact a lawyer for assistance in making a claim. An attorney will have links to resources such as experts to help you prove road debris causes an accident. If no one else bears liability for your road wreck accident, your attorney may instead be able to obtain a compensatory award for damage to your property through a first-party insurance claim. This may be an option if you have comprehensive or collision insurance available to cover your losses.
