Every day, drivers are on the road with trucks hauling or carrying cargo, often moving cargo that may or may not be secured properly. Every time you pass or are passed by a truck that has furniture, mattresses, tree trimmings or other items that are not securely fastened down, there is a chance that their "road debris" will fall off and damage your vehicle, possibly even injuring you and your passengers as you try to avoid accidents caused by road debris in New Jersey.

The question you may have is: who is responsible for damages when this happens? We will give you more information on these situations in the following blog. But generally, if a truck's debris contributed to your accident and you were hurt, the truck driver, the trucking business, or another party may be responsible for your damages.

Every accident is different. To be sure of your options, it's important to consult with a NJ truck accident lawyer to explore your options. Brandon J. Broderick, Attorney at Law has decades of experience in handling accident and injury cases in New Jersey. We will be your advocates.

Who is Liable For Debris?

My vehicle was struck by truck debris and I was injured. Who is held responsible for any injuries caused by road debris accidents? You would have to rely on your own insurance carrier to cover any damage or injuries as a result if you can't see the car, can't get a look at the license plate, or can't gather any other discriminating information to identify the driver. If that were to occur, the ideal scenario would be for the driver of the at-fault car to notice that debris had come off and stop to pick it up, leaving you with their insurance information so you could submit a claim. But in the majority of cases, that doesn't happen. What should I do?

Call a Personal Injury Attorney

Your next move should be to call a personal injury attorney who can assist you in deciding what to do if the negligent driver does not see the accident or stop to provide you with their information. If another motorist observed your situation and stopped to assist, you might be able to rely on their evidence.

Today, many cars have dash cams that are activated, and you might have been fortunate enough to get video of the driver's car and any identifying features. A personal injury lawyer will be able to help you get questions answered by knowing what to ask and where to start.

File a Police Report

You will surely need to report the accident to the police if your car was seriously damaged, you or any passengers were injured, or both.  Any information about the accident that could be verified would be recorded in the police report that can be later used in your accident claim.

"Avoidable" Road Debris

Any road debris that is already on the road is regarded by insurance companies as "avoidable," making any claim in this situation uncollectible. For road debris accidents, you would need to be able to demonstrate that the debris truly flew or fell off a negligent driver's vehicle. Your insurance rates can increase if you proceed and make a claim that is found to have been caused by "avoidable" road debris. You should weigh the pros of filing a claim against the costs of repairing your car, any personal injuries sustained, and the amount of your insurance deductible.

Exceptions

There may be an exception to the rule that road debris is avoidable. A construction business could face legal action for leaving trash in an unsafe location on the road, for example. Or the government, which is obligated to keep interstates clear of debris, may also be accountable if it was in charge of the section of highway or route you traveled where the debris existed. However, filing a claim against a government agency can be time-consuming and needs thorough understanding of the legal system; as a result, a personal injury lawyer who can assist should be consulted.

Truck Accident Lawyer: Brandon J. Broderick

It might be difficult to establish responsibility when debris falls off a truck. A truck accident lawyer like Brandon J. Broderick, Attorney at Law, can identify the at-fault party to seeking damages.

We can assist if you were hurt in a truck accident. Call us today and schedule an appointment to speak with one of our attorneys.