Drivers or businesses whose negligence caused a road debris accident may be responsible for the damage in California. A public agency may also be the responsible party, but their liability will depend on separate statutory requirements.
The at-fault party is generally determined by evidence which connects a road hazard to a loss under Californiaโs ordinary-care rule.
NHTSAโs 2020 to 2024 national data show an average of 18,778 injuries per year in the United States due to accidents involving roadway objects.
Common road debris includes construction materials and tire treads. Fallen cargo from trucks is a common source of road debris. Road debris can also include tree branches.
Californiaโs I-10 and I-5 corridors frequently report debris hazards.
Call our experienced car accident lawyers today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured or killed after hitting road debris. Our experienced personal injury attorneys have been handling legal actions involving construction debris, natural debris, highway debris, freeway debris and other types of debris on California roads since 1990. We can help you seek fair compensation for medical bills, lost wages, pain, suffering, wrongful death and more, and we will charge you no legal fee until we win your case.
Table of Contents
- Who Can Be Liable for Road Debris Damage?
- Does Car Insurance Cover Road Debris Damage?
- Can Caltrans or a Local Government Be Responsible?
- What Should You Do After Road Debris Damages Your Car?
Who Can Be Liable for Road Debris Damage?
Negligent drivers, cargo loaders, employers or maintenance providers can be held liable, depending upon how the debris reached the road.
California law allows for multiple parties to share liability regarding debris incidents. However, injured parties must generally provide proof of the debrisโ source in order to establish liability.
California Vehicle Code section 23114 requires that drivers secure their loads in order to prevent debris from escaping.
Employers may also be held liable for employeesโ work-related negligence under Civil Code section 2338.
| Debris Scenario | Possibly Responsible Party | Evidence Which Matters |
| Cargo, tools or furniture fall from a personal vehicle | A negligent driver or loader | Evidence which identifies the vehicle and demonstrates unsafe loading |
| A commercial truck loses its cargo | A negligent driver or loader, and possibly an employer | Loading evidence as well as the driverโs work duties |
| A tire or vehicle component ends up separating | A negligent owner, repair provider or operator | A maintenance or repair failure which caused the separation |
| Debris ends up creating a dangerous condition on a public road | The responsible public entity, if statutory requirements get met | Employee creation of a dangerous condition or adequate prior notice |
| Unknown debris source | No third party is automatically liable | Further investigation and review of any vehicle insurance coverage that is applicable |
Truck accident claims against multiple responsible parties may be filed after accidents occur due to falling commercial cargo.
A vehicle merely passing near debris does not, by itself, establish that the vehicleโs driver negligently caused damage.
Does Car Insurance Cover Road Debris Damage?
Yes, an insurance companyโs applicable collision or comprehensive coverage could pay for damage, depending upon the incident as well as the policyโs terms.
The way that a vehicle is damaged by debris may affect what coverage could apply under the California Department of Insuranceโs coverage guide:
- Collision coverage: An object already on the roadway being struck will typically fall under collision coverage. Collision coverage typically doesnโt cover flying debris damage.
- Comprehensive coverage: Comprehensive coverage will often apply if your vehicle is struck by airborne debris.
- Another partyโs liability coverage: A responsible partyโs policy could pay for covered damage that they caused if the party can be identified. For example, liability insurance typically covers damage caused by an unsecured load.
Your own liability coverage does not cover repairs to your vehicle. Purchased coverage, deductibles, limits and exclusions will determine what your insurer might pay.
Uninsured motorist property damage could apply regarding hit-and-run debris. However, uninsured motorist property damage coverage isnโt an automatic fallback regarding unknown debris sources. This coverage requires an identified uninsured at-fault driver, according to the California Department of Insurance.
Can Caltrans or a Local Government Be Responsible?
Yes. A public entity could be held responsible if a dangerous condition regarding its property caused harm and the requirements of Government Code section 835 can be met. The condition needs to create a reasonably foreseeable risk regarding the type of harm that was suffered.
Public entities can be held responsible in personal injury claims involving car accidents in different ways depending upon how a dangerous condition was created or discovered:
- Employee-created danger: This is when a public employee negligently created a dangerous condition while performing the duties of their job.
- Actual or constructive notice: This is when an agency knew or reasonably should have known about a dangerous condition, and had enough time to take protective measures.
Constructive notice depends upon how long a condition existed and how obvious it was. A road agency is not automatically responsible for debris that appears moments before a crash.
Claims filed against government agencies regarding debris have deadlines and require formal notice. Claims against Caltrans or other government agencies must be presented within six months of the debris incident under Government Code section 911.2. This deadline is regarding the presentation of a claim, not the deadline for filing an eventual lawsuit.
Caltrans accepts claims of $12,500 or less via its district offices. Larger claims against state agencies are filed through the Government Claims Program. Liability is not established and payment is not ensured simply by filing a claim.
Debris caused by poor road maintenance may lead to government liability.
What Should You Do After Road Debris Damages Your Car?
Pull over and get to safety as quickly as you can in a safe manner, then assess the damage after your car is hit by debris.
Call 911 or CHP if there is significant damage or there are injuries.
Immediately and safely document the vehicle damage and debris with photos. Preserve information which can help identify the source of debris, establish what happened and document your losses:
- Debris source: Save dashcam footage, witness details and any license plate or company markings which can be safely recorded.
- Scene details: Record the time, road, travel direction and location as well as photographs taken from a position of safety.
- Damage and expenses: Keep repair estimates, invoices, towing receipts and medical records.
- Reports: Retain the collision report number, insurer correspondence and any earlier reports of the hazard which are available.
Promptly notify your insurer about your accident.
Call 911 in order to report any debris that is blocking traffic lanes. You can call the CHP for non-emergency follow-ups by calling 1-800-TELL-CHP.
The California Department of Insuranceโs accident guide supports the prompt reporting and preservation of claim information.
Finally, call us today for a FREE case evaluation at (800) 718-4658 or contact us if you or a loved one was injured or killed in an accident involving roadway debris. While past results do not guarantee future outcomes, all cases are unique and results depend on casesโ specific facts, a Martindale-Nolo survey found that injury victims who hire attorneys recover nearly three times as much compensation as those who donโt, even after attorney fees are taken into account. We will charge you no legal fee until we win your case. Call us today.
