Road Debris – Who Pays for Your Damages?

A colleague of mine was hauling one of those large plastic toddler playhouses in the back of her truck recently, when suddenly the roof of the house blew off right onto the roadway, causing traffic behind her to swerve into other lanes to avoid crashing into the roof. She pulled over and retrieved the runaway roof, thankfully avoiding injury to herself or other drivers.

The incident prompted a conversation about injuries and accidents from escaping debris. Who is responsible? What role does insurance play? And just what would have been the legal consequences to my colleague if that roof had caused an accident and injury in North Carolina? Points on her license? A fine? Traffic court? Jail?

Road Debris Causes Numerous Crashes Says AAA

A AAA Foundation for Traffic Safety study in 2016 found that unsecured loads falling off cars and trucks have been blamed for more than 200,000 crashes on U.S. roads between 2011 and 2014. There were 39,000 injuries and more than 500 deaths from those incidents during that time.

More than a third of those deaths occurred because drivers swerved to avoid the debris.

Roadway debris can be a serious matter. One of our clients was severely injured in a life-altering way because of roadway debris.

 

The AAA Foundation for Traffic Safety found that over 200,000 crashes on US roads over a 4 year period were due to unsecured loads falling off cars and trucks. If you have been injured by another’s negligence in securing a load, call us today.

 

What NC Law Says About Debris on NC Roads

Drivers responsible for creating road debris can face fines in every U.S state. All 50 states have laws that make unsecured loads illegal, according to AAA, with fines that range from $10 to $5,000. North Carolina’s fines are capped at $100.

North Carolina says you must properly secure all items on a vehicle. If you don’t and you cause an accident, you may be held liable. Specifically, NC law states:

“No vehicle shall be driven or moved on any highway unless the vehicle is constructed and loaded to prevent any of its load from falling, blowing, dropping, sifting, leaking, or otherwise escaping therefrom, and the vehicle shall not contain any holes, cracks, or openings through which any of its load may escape.”

Legal penalties for infractions are determined by the degree of the infraction. It could be a misdemeanor or a felony, depending on the degree of willful negligence.

Will Auto Insurance Cover Road Debris Accidents?

But what about auto insurance? Will it pay for your damages or injuries if you crash as a result of running into or trying to swerve from road debris? In many instances, yes.

Crashing Into an Object

If your vehicle is damaged from running into or running over an object in the road, then your collision coverage should most likely pay for repairs.

Flying Objects That Land on Your Car

If the object flies through the air and hits your car, then your comprehensive coverage may come into play.

Personal Injury

If you or a passenger are injured, personal injury protection or medical payments would likely pay for treatment of injuries.

Getting the At-Fault Driver to Pay

If the accident was the result of someone failing to secure a load, you may be able to make a claim against the other driver’s liability insurance.

It’s always prudent to file a police report, which can help establish the facts for your insurance claim.

Road debris safety tips including hit the debris instead of swerving

Road Debris Safety Tips

If You Are Driving

  • Try to look farther than two or three cars ahead, so you potentially have time to change lanes before you reach a hazard.
  • In many instances it can be safer to hit the debris than to swerve to try to avoid it. (Remember that more than a third of road debris deaths occurred from swerving.)
  • If you’re on a roadway at night (and it’s not foggy and there’s no traffic), drive with your high beams on so you can potentially spot debris in the road.
  • Call 911 to report hazards in the roadway.

If You Are Carrying a Load

  • Properly secure the load on your vehicle. Test your cargo before you leave. If it moves, secure it better.
  • If you lose something, pull to the side of the road where it is safe and call 911. Keep your seatbelt fastened until help arrives.

Get Free Advice From Experienced NC Road Debris Lawyers

Proving liability can be tricky because North Carolina laws on road debris can be vague and leave lots of room for interpretation. Based on our experience in fighting the insurance companies for compensation for damages and injuries, we strongly advise getting an experienced roadway debris lawyer.

If you have been injured by roadway debris, contact us or call 1-866-900-7078. Our experienced auto accident lawyers will evaluate your case for FREE.

Text UsText Us

You May Also Be Interested In


Answers to the Most Frequent and Urgent Car Accident Injury Questions

Multiple Car Accident: Who Pays?

Whose Insurance Pays for Car Accidents?

Wheel Runoff Accidents – Will Insurance Try to Blame You?

Why Hire a Car Accident Lawyer?

About the Author

Catherine “Katie” Elbakidze is a personal injury attorney at the Law Offices of James Scott Farrin. Katie has strong problem-solving and communication skills, and she is a compassionate and driven attorney.

Katie earned her J.D. from Elon University School of Law where she served as a Vice President and Secretary of the Elon Law Innocence Project and received an Elon Law/North Carolina Bar Association Pro Bono Award for providing free legal services. Katie earned a B.A. in Communications, summa cum laude, and a B.A. in Biology from Salem College.

 

 

five star review badge Passenger in Car Accident Client Google Review 1
Thank you

Thank you for offering more than a business transaction but a team willing to do what is right.

five star review badge Passenger in Car Accident Client Google Review 1
I was a passenger in a car accident.

I was a passenger in a car accident. I was so undecided if I wanted to pursue a lawyer or just take what the insurance company was offering. Boy I’m glad I didn’t do that! James Scott Farrin was great throughout this process and kept the lines of communication open.

five star review badge Car Accident Client, Google Review1
When my husband left for work that day, we had no idea how much our lives were going to change

When my husband left for work that day, we had no idea how much our lives were going to change. It was a horrible accident, but James Scott Farrin was with us every step of the way. They went beyond their duties and comforted and assured us we were not alone.

For legal reasons and client confidentiality, reviews have been slightly edited to remove identifying information and correct typos.

×