Debris on a freeway or highway is one of those commonplace hazards that doesn’t receive nearly as much media attention as it deserves. Every day, Californians are injured – and some even lose their lives – due to roadway debris. If you or a loved one has recently been injured due to roadway debris, you don’t have to navigate the stresses and complexities of this situation alone. Connect with the knowledgeable legal team at The Law Offices of Samer Habbas & Associates, PC, today to learn about your rights and options under the law. You can schedule a risk-free, confidential legal consultation with our team at no cost by calling (888) 848-5084 or by contacting us online.
Under California’s Vehicle Code, anyone who causes debris to fall into the roadway is responsible for its removal. Similarly, anyone who causes debris to fall into a roadway may be held responsible for any harm that debris causes.
With that said, it’s often tough to prove who caused a debris-related accident if no one saw the debris fly off a specific vehicle and managed to ID the offender’s plates. To succeed in a personal injury lawsuit, you can’t simply prove that you were harmed due to debris. You must prove that a named defendant’s negligent, reckless, or intentionally dangerous conduct directly contributed to the cause of your injuries.
Debris in the road is a causation consideration. It is the catalyst that led to your accident. Fault can only be attributed to a specific individual or company if that individual or company was responsible for safely securing the debris in question to minimize the risk of harm to fellow travelers. You’ll need to be able to prove both causation and fault to succeed in a personal injury lawsuit.
If your accident occurred while you were engaged in work-related activities, fault won’t play a role in whether you’re awarded any workers’ compensation benefits for which you are eligible. Workers’ compensation isn’t a fault-based system. As long as your crash was work-related and workers’ compensation insurance covers you, you should be entitled to an award for medical benefits and lost wages regardless of whether you can prove that a specific individual was responsible for the debris that caused your crash.
Navigating A Tough Situation
One of the reasons why it’s essential to connect with an experienced attorney in the wake of sustaining a debris-related injury is that the aftermath of this situation isn’t always terribly easy to navigate. Most drivers aren’t familiar with the laws on California’s books concerning this subject. It’s also often difficult to track down the driver who caused the debris to impede one’s safety in the first place. Unless you saw the debris fly off a vehicle and managed to get the driver’s plates, identifying the at-fault driver can be difficult. Also, holding a responsible driver accountable can be difficult unless there are witnesses who can testify that the defendant you’ve named in a lawsuit was to blame for your harm.
While holding someone accountable for a debris-related injury may not be easy, working with an experienced personal injury attorney will place you in the strongest possible position to succeed. No lawyer can guarantee the results of a case. However, a knowledgeable attorney who has handled cases like yours understands how to advocate on behalf of injury victims like you as efficiently and effectively as possible. As a result, you’ll be able to rest easier, knowing that you’ve placed the burdens of a tough situation into the capable hands of someone eager to secure the most favorable outcome possible.
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