Who is liable for injuries caused by highway debris in Texas?
Having to drive around debris on the road can at times be merely a hassle, at others, downright life-threatening. Objects such as ladders, mattresses, appliances and other detritus that fall off vehicles can pose a significant risk to other drivers. If you have been involved in an accident due to fallen highway debris, an experienced auto accident attorney can help you sort out liability.
A recent article from CBS Austin found that falling debris is becoming a serious problem in Texas. Data from the Texas Department of Transportation found that, between 2012 and 2015, there were around 1,600 car crashes caused by objects that have fallen off of vehicles.
Nationally, AAA estimates that in between 2011 and 2014, 500 people were killed in accidents with road debris. Texas authorities say the rising number of accidents can be partially attributed to the growth of cities like Austin, which means more people are out on the highway moving heavy objects like furniture.
According to Highway Emergency Response Operator Will Mackin, Texas law says that contributing to road debris can be classified as a misdemeanor.
Do I Have A Case?
Even the smallest objects can pose a significant problem. Objects that are on the road or fall out of another vehicle are unexpected and significantly decrease the time in which you must react to avoid a crash. Depending on the size of the object, you could suffer a serious injury, or even death.
You might be able to build a case based on the law of negligence per se, which essentially stipulates if an action violates a state law or ordinance that is in place to prevent an injury, then generally a court will say the party that committed the action is negligent.
Professional trucks companies and other vehicles usually must adhere to a variety of safety regulations because they can sometimes pose a risk to other drivers when sharing the road.
An experienced Texas personal injury attorney will be able to advise you if you find yourself in an accident, and will be able to see if negligence per se could be established in regards to, for example, federal safety regulations for commercial truck drivers.
How Do I Find Out Who Is Responsible for Highway Debris?
Determining who is responsible for highway debris can be difficult. There is often not a lot of evidence other than some marks on the debris themselves. Some people hire a private investigator to conduct research if the incident resulted in a serious injury.
You do have the power to file a case with the Texas Department of Transportation if you think someone was negligent in the transportation of objects that ultimately end up on the road, but it can be very difficult to win a case.
Having a resourceful personal injury attorney on your side can significantly increase your chances of recovering monetary compensation from an accident involving highway debris. Contact our office at 361.LAWYERS (361-529-9377) today for a free initial case consultation.
