Who’s Liable When a Car Accident Is Caused by Road Gators or Other Debris?

An experienced injury attorney can investigate to determine how to best recover resources for car accidents caused by debris in the road.

Those big, bumpy strips of black rubber along the side of the highway have been nicknamed “road gators” not only because they look like a dangerous animal but because they can act like one too. Debris dropped on the road by trucks and other vehicles creates hazards that can lead to accidents with catastrophic injuries.

But who is to blame when that happens? Is it the fault of the driver who failed to avoid hitting the unexpected obstacle in the road? Is it the fault of the owner or the driver of the vehicle that dropped debris? How do you determine liability and obtain recovery? We will take a look at all of those issues because the answers can vary depending on the circumstances.

What Are Road Gators and Why Are They Dangerous?

Road gators are pieces of tread that can weigh over 100 pounds and be as long as a full-grown alligator. They often come from improperly retreaded truck tires, but other forms of tire failure can also cause big, heavy pieces of rubber to fly off a truck at high speed. Tire debris contains sharp pieces of metal, and when other vehicles hit it, it can puncture a tire and reduce vehicle stability. The driver can lose control and crash into another vehicle or run off the road.

Running over tire debris can also damage a car’s brakes or undercarriage, and that could leave the driver unable to stop or control the vehicle properly. But if a driver takes evasive action to avoid running over the debris, that can also lead to an accident. In fact, studies show that drivers who swerve to avoid hitting debris cause almost as many collisions as those who suffer vehicle failure because of hitting debris.

Even worse than running over debris or swerving to avoid it are the situations where debris from a truck flies off and hits another vehicle directly in the windshield or grill. The force can shatter a windshield. And if it hits a motorcycle, the rider doesn’t stand a chance.

What Other Types of Debris Cause Accidents in California?

Other dangerous debris in the road that causes accidents in California includes:

• Cargo that has fallen off of trucks
• Metal parts coming loose from vehicles
• Construction materials
• Tree limbs
• Roadwork equipment

Motorists have limited time to react to debris, and sometimes their split-second decisions make things worse.

Who Can Be Held Liable for a Road Debris Accident?

An accident attorney may need to investigate extensively to determine the source of the debris, and it will often be necessary to obtain expert opinions from accident reconstruction engineers to prove that the debris triggered all the resulting effects that led to collisions and injuries. In our experience, some of the parties that can be held responsible when debris causes an accident include:

• Truck owners who did not perform regular inspections or replacements of worn tires
• Companies that improperly loaded cargo onto trucks
• Maintenance companies that perform improper tire repairs
• Truck operators that overload trucks or allow tires to get too hot
• Drivers that operated erratically, causing vehicle components to weaken and fall off
• Property owners who drop tree waste or other debris in the road
• Road construction companies that leave hazardous materials improperly secured

While retreading tires is a common practice that does not necessarily lead to the creation of road gators or other debris, trucking companies can be responsible when retreads are performed incorrectly or when tires are left in operation for too long without inspection or refurbishment.

FAQs About Accidents Caused by Road Debris

How do you determine who dropped the debris?

Experienced accident attorneys use a variety of methods to obtain evidence indicating which party should be liable for debris in the road. This includes examining footage from dashcams and traffic cameras, locating witnesses, and examining debris for clues to identification. For instance, tire tread frequently contains identification numbers that indicate the company that performed the retread. The earlier you begin working with an attorney, the more opportunities your legal team will have to locate evidence identifying the responsible party.

What if the vehicle that dropped the debris can’t be identified?

When the source of the debris cannot be determined, then the accident becomes similar to a hit-and-run situation. Recovery may be possible through insurance or other means. Sometimes, recovery could come from parties that contributed to the cause of the accident in other ways.

What evidence is helpful to prove causation for an accident involving road debris?

Evidence to establish liability could include:

• Analysis of the debris
• Footage from traffic cameras, security cameras, and dashcams
• Maintenance and inspection records from the trucking company
• Eyewitness testimony
• Police reports
• Electronic records of truck operation
• Inspection of damaged vehicles

It is critical to act quickly to preserve evidence after an accident because the availability and quality deteriorate quickly.

Why is it more difficult to recover compensation when commercial trucks are involved in an accident case?

Trucking companies carry extensive liability insurance, and the high value of that coverage means insurance companies devote serious resources to legal defense. Accident victims need to work with an experienced legal team as soon as possible after a crash to overcome the strategies employed by trucking company defense attorneys.

Get the Recovery You Deserve When Someone Else’s Responsible Actions Cause Your Injuries

When a trucking company tries to cut costs by delaying repairs or rushing the loading process, innocent people can be severely injured due to debris on the road. At the Law Offices of Benjamin Arsenian, we can’t always prevent injuries, but we work to hold trucking companies accountable so victims can obtain justice and companies are encouraged to be more responsible in the future.

For a free consultation to learn about the ways we can help you recover after a car accident or other incident triggered by another person’s negligent conduct, call us at 714-400-2000 or contact us online today.