Flying Debris Hit My Car: What Are My Legal Options?

If you’re driving on a California freeway and flying debris hits your car, your legal options will depend on the specific circumstances as well as the source of the debris. If the debris came from another vehicle with an improperly secured load, you may be able to hold the driver or the company responsible for damages by filing a liability lawsuit, including property damage, medical bills, or other losses caused by the debris. You may be able to file a claim against a government agency if the debris was caused by poor road maintenance or failure to remove hazardous objects. Your attorney will likely have to prove there was negligence in these types of lawsuits. An experienced  Los Angeles car accident lawyer can assess your case and navigate the complex liability issues for you. They can help you hold the responsible party accountable and get compensation.

What Is Flying Debris?

Flying debris includes airborne objects or materials from high-speed winds from moving vehicles or improperly secured loads as well as road debris. Common examples of freeway road debris include trash, tools, tire treads, construction materials, or cargo that isn’t securely tied down. Other examples may be traffic signs or light poles. Tree branches or rocks can also be blown onto the road and become a debris hazard.

Flying debris creates risks for drivers, potentially causing accidents, damage to vehicles, or serious injuries like whiplash, head injuries, burns, emotional trauma, lacerations and cuts, back injuries, and other serious medical problems. 

Road Debris Laws in California

To reduce road debris, California enforces strict laws that make people, businesses, and governmental organizations responsible for keeping roads safe and clear of debris. California law prohibits anyone from dumping or depositing anything that could create traffic problems on a highway, like trash, glass, nails, bottles, cans, or other potentially dangerous items, according to California Vehicle Code §23112. Vehicles in California must be constructed, covered, or loaded to prevent their contents from blowing, dropping, sifting, leaking, or escaping onto the roadway, as mandated by California Vehicle Code §23114. Roads must be maintained and kept clear of dangerous material by the California Department of Transportation which may be accountable for damages if it can be proven they knew about hazardous debris and didn’t take proper action. 

Potential Consequences of Flying Debris Accidents

Flying debris increases your chance of colliding with other cars by requiring you to swerve or brake abruptly. These accidents can sometimes cause potentially life-altering consequences for you and your passengers. 

Highway debris damage to your car can cause scratches, dents, or broken windows and expensive repairs that aren’t always covered by insurance. Larger debris might cause shattered windshields, punctured tires, or more extensive structural damage to your vehicle. 

Costs of repairing damage, filing insurance claims, medical care, and pursuing legal action can add up causing unexpected expenses.   In addition to serious physical injuries, these accidents can cause great emotional stress affecting your life. 

Seeking legal advice from an Encino freeway & highway accident lawyer can mitigate these consequences and help you receive fair compensation.

What to Do if Flying Debris Strikes You?

If your car is damaged by flying debris, take these steps to protect yourself:

• Write down the vehicle’s license plate number, description, and any witnesses.
• Take photos of the debris and damage to your vehicle to document the incident.
• File a police report especially when severe damage or injuries occur.
• Call your insurance company and report the incident and damages.
• Seek prompt medical help if there are injuries.
• Speak with a California personal injury attorney to recover damages or identify liability.

Who Is Financially Responsible When Flying Debris Hits My Car?

In California, the source of flying debris and the particular conditions determine who is responsible for paying for it:

• Debris Damage From Another Vehicle: California Vehicle Code §23114 holds the driver or owner of the other vehicle accountable if debris falls from a load that was not securely secured. To submit a claim, the vehicle must be identified.
• Road Maintenance Issues: If the contractor or government organization was negligent and it can be proven,  they may be liable if they failed to secure their load.
• Unidentifiable Source: Debris-related damage is usually covered by comprehensive insurance if the debris’s source can’t be determined.

Does Insurance Cover Damage From Road Debris?

fault.  Your coverage might be subject to your policy deductible and terms. If the debris came from another vehicle, and they’re at fault their insurance policy might cover your damages. If their insurance company refuses to cover your damages, you should contact a personal injury attorney to get involved. 

How To Prevent Injury From Flying Debris?

 If you practice defensive driving, it can minimize your risks. Stay aware of road conditions while maintaining a safe distance from trucks and vehicles with unsecured loads to prevent injuries from flying debris. Ensure your windshield wipers are in good condition to ensure visibility during bad weather. Follow the speed limit and adjust your lane position if you see debris on the freeway. Be ready to maneuver your car during emergencies. Don’t drive during high winds or storms, because these increase the chances of debris-related dangers. 

If your car was damaged by flying debris and you received injuries due to it, our attorneys at Novik Law Group are available to talk to you about it. We can assess the details of your case and offer guidance. From gathering evidence to negotiating with big insurance companies, our knowledgeable car accident lawyers skillfully handle every facet of your case to guarantee you get the justice and compensation you deserve. We don’t charge any fees until we win your case. Our law firm has a proven reputation for winning cases and being the best car accident attorneys in the Los Angeles area. Call us today for a free consultation.