What If Flying Debris Hits My Car on the Freeway?
Road debris caused or contributed to over 200,000 police-reported accidents, resulting in almost 40,000 deaths in the most recent AAA study of flying debris and traffic crashes over a four-year period. Accidents caused by flying debris can easily injure drivers or cause them to lose control of their vehicles, putting others on the road at risk.
When law enforcement authorities or other first responders arrive at an accident scene and question those involved, it’s not uncommon for drivers to tell them, “Flying debris hit my car and made me crash.” Even if flying debris doesn’t result in significant injuries or damages, it can still be a traumatic experience that leaves you with a lot of questions.
Hiring an experienced car accident lawyer can help you understand your rights and eligibility to file compensation. A qualified lawyer can also help you take legal action with a personal injury claim against the at-fault party to obtain compensation for your injuries and damages.
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How Does Debris Result in Injuries & Damages?
The AAA Foundation reported a yearly average of 50,000 flying debris accidents, resulting in nearly 10,000 injuries and 125 deaths. Additionally, accidents involving flying debris were four times more likely to happen on freeways and Interstate highways, where motorists usually drive at high speeds.
Unfortunately, people regularly drive flatbeds, pick-up trucks, open cargo trucks, SUVs, and other vehicles without adequately securing their cargo. As a result, such vehicles sometimes shed debris, damaging cars behind them. Road debris could also involve equipment or objects improperly loaded onto a car.
Improperly-loaded vehicles aren’t the only cause of debris-related accidents. Sometimes, people intentionally hurl debris at cars to damage them. Washington State Patrol reported over 160 incidents of people throwing rocks and other debris at cars from overpasses in 2021. Natural sources, such as rockslides or floods, can also leave debris strewn across roads.
A 20-pound object hits with over a thousand pounds of g-force when it’s going 65 mph. Even small pieces of debris can result in catastrophic injuries. Some common examples of debris include:
- Smaller flying objects, such as rocks and pebbles, can crack or shatter windshields and headlights or damage paint.
- Larger flying objects, such as improperly secured wood planks, can pierce windshields, hitting passengers or causing significant damage to vehicles.
- Smaller stationary objects, such as nails, can burst tires or damage a car’s undercarriage, causing road debris accidents.
- Larger stationary objects, such as pieces of construction equipment, can flip or even total cars on collision.
Objects on the road don’t just endanger drivers and cars that hit them. Motorists often swerve to avoid debris, putting other drivers at risk of an accident. They may also overcorrect and lose control, swerving off the road or colliding with traffic barriers to avoid other cars. All of these scenarios often result in rollovers or other serious crashes.
So, what happens if you crash because of road debris or flying objects? What if you get hurt and need medical treatment or have to take time off work to recover? You shouldn’t have to pay for injuries caused by someone else, especially when your accident wasn’t your fault. Fortunately, the law can help you recover compensation for your losses.
What Happens If Debris Hits My Car?
Road Debris Laws in the United States
Like other traffic accidents, you can hold negligent drivers responsible for the damage and injuries they cause with negligent or reckless actions – usually through an insurance claim against the negligent party’s provider or a personal injury lawsuit in some cases.
You should take the following actions immediately after flying debris hits your car:
- Make sure you and your passengers are safe. Getting out of your car in the middle of the road may further endanger you. If you are able, move yourself and your car somewhere out of immediate harm.
- Call emergency services if anyone gets hurt, and report your accident to the police. You can file a police report with the officer who arrives at the scene or later at the station. However, it’s best to get a record of events when the scene of the accident is fresh.
- Identify the vehicle or person responsible for your accident. Many drivers don’t realize something has fallen off their car. As a result, they might keep driving. If this happens, record anything about the vehicle you remember – the make, model, license plate number, company name, or logo. Your lawyer can help track down any other helpful evidence – such as traffic camera or security camera footage. If the driver was an employee, their employer may be responsible for their negligence.
- Get the contact information of any witnesses at the scene. They may provide more information, and the court may use their testimony as evidence.
- If you can do so safely, get pictures and videos of the debris and the scene of the accident. The sooner you can record these images, the better equipped you’ll be to prove what happened. If you’re unable to do this, your attorney can help you.
- Have a doctor assess your injuries, even if you feel okay. Many injuries may not be obvious right away. For example, whiplash could result in spinal issues or chronic pain that will impact you for years. Not only is your recovery important, but documenting your injuries is as well. You can use your test results and diagnosis to prove the extent of your injuries. This can help both for a lawsuit and if you’re filing a claim for damages.
- Finally, you should talk to a personal injury lawyer as soon as possible. In fact, you should speak with a lawyer before you sign any agreements with your insurance company. Remember that you are not a priority for your insurance company. They want to minimize your claim as much as possible to protect their bottom line.
When you have a lawyer on your side, you have someone in your corner protecting your best interests throughout the entire process. Don’t let insurance companies take advantage of you with a lowball offer that fails to compensate you fairly for all your damages and losses. Once you accept a settlement, you can’t go back later and ask for more.
Who Is Responsible for Road Debris Damage?
Whoever failed to secure their cargo should be responsible for the injuries and property damage you suffered. After all, a flying debris accident can easily total a car.
All the evidence and witness testimony you gather helps hold the negligent party liable. A court can then order the responsible party to provide you with compensation. That includes financial payment for medical bills, lost work income, pain, emotional suffering, and property damage.
Even if you can’t identify who dropped the debris on the road, you can still file a claim with your own insurance provider. This is true even in the case of debris thrown from an overpass.
Unfortunately, your insurance company may underestimate how much you’re owed. Insurance companies prioritize their profits over your financial stability, and paying out a minimum to clients helps keep earnings high. Your personal injury lawyer can make sure you get the highest possible settlement to cover all the expenses you’ve suffered.
Can You Avoid Flying Debris Accidents?
Aside from knowing how to drive defensively, there is not much you can do to avoid flying debris or road debris. You can be the safest driver on the freeway, but unfortunately, that’s not always enough to avoid a ladder that flies off a truck or a rock tossed from an overpass. Your best defense is to remain vigilant and avoid driving behind or near vehicles that have an improperly secured load, overloaded utility trailers, or similar driving hazards.
Who Is Liable If Debris Hits My Car?
Whose Insurance Will Pay for a Flying Debris Accident?
Flying debris strikes can be extremely dangerous and often lead to serious vehicle damage and injuries, leaving many drivers wondering who is responsible for the costs. While every situation is different, some general guidelines on how insurance may step in when flying debris causes a crash may help you know what to expect.
If your car is hit by debris that falls off another vehicle and that driver remains at the scene, you may be able to file an insurance claim through their liability insurance. Liability insurance may help cover damage when the at-fault party is identified, but it can be more complex if the driver disappears without providing information.
In a “runaway” or hit-and-run scenario, you might rely on uninsured motorist coverage to help cover repair expenses if your policy includes that provision. Uninsured motorist coverage can also be essential if the at-fault driver is completely uninsured or flees the accident scene.
When it comes to damage caused by objects not directly tied to a specific driver – such as road debris kicked up by a random vehicle – comprehensive auto insurance (often referred to simply as comprehensive coverage) typically comes into play.
Your comprehensive insurance provides collision coverage in a number of situations, including accidents that aren’t strictly collisions with other vehicles, such as flying debris accidents, road debris-related crashes, and vandalism. In many cases, a comprehensive claim can address these scenarios, but policy details vary, so it is crucial to seek the help of an experienced personal injury attorney.
In no-fault states, drivers might initially file insurance claims with their own providers, regardless of who is responsible. However, the exact process can depend on your insurance policy structure, local regulations, and the extent of your coverage.
Whether you have full coverage or basic liability insurance, you’ll want to verify which elements of your insurance policy actually cover damage from flying debris. Often, comprehensive coverage is the key layer of protection against these unpredictable events. Uninsured motorist coverage can also give you some more peace of mind, especially if you frequently drive on highways or roads with a high risk of flying debris.
If a flying debris accident left you or a family member with serious injuries, contact an experienced personal injury attorney who will deal with the complex insurance issues, protect your rights, and explain your best legal options to secure the compensation you deserve.
Win With Wilshire Law Firm
At Wilshire Law Firm, we believe that everyone deserves access to top-performing personal injury lawyers regardless of their financial situation, which is why we handle car accident cases on a contingency fee basis. This means you pay nothing for our services unless we win your case. Call us now at (213) 335-2402 or contact us online for a free, confidential consultation with our team.
