If Road Debris Causes an Accident, Who Is Responsible?

 Posted on March 11, 2025 in Car Accidents

When we drive, we expect streets, roads, and interstates to be in good condition and clear of debris. Broken pavement and potholes are dangerous, contributing to many motor vehicle accidents. Debris on the road also poses risks, especially for motorcyclists.

Determining fault when roadway debris causes an accident is challenging. Several parties could share responsibility, and you need clear evidence proving fault for your insurance claim to be successful. Fortunately, a skilled Comal County, TX personal injury lawyer knows how to find out who was at fault and can help you pursue maximum compensation.

Who Could Be Liable for Debris on the Roads?

Before we can answer that question fully, we need to investigate the type of debris, its source, and how long the debris was on the road before your accident. These claims depend on proving that someone’s negligence was responsible for the debris being on the road or not being removed promptly.

The government entity responsible for maintaining that section of road could be at fault if inadequate road maintenance was the source of the debris, or if it knowingly left the debris on the road for an extended period. You would need to prove that the agency knew or should have known about the hazard, yet failed to address it in a reasonable amount of time. Claims against a government entity can be challenging, and you must act quickly to pursue one.

Road construction seems to be a permanent fixture, and work sites often have loose gravel and other materials that can migrate onto road surfaces. If a construction company’s negligence led to debris being left as a danger to motorists, that company could be liable for your damages.

Tractor-trailer loads sometimes spill, creating significant hazards. If fallen cargo caused your crash, the trucking company, driver, cargo loaders, and other parties could share fault.

Sometimes, other drivers and passengers may throw trash out their windows while traveling. In other cases, goods they are transporting in the back of a pickup truck or on a trailer can come loose and fall to the road. The driver, passenger, vehicle owner, or another party could be held accountable for negligence.

Homeowners, lawn care companies, and others may also leave objects on the road that present danger to travelers. Without a thorough investigation, we cannot tell you who might be liable for the roadway debris that caused your wreck. However, once we have identified the at-fault party or parties, we will help you seek the highest available amount of compensation.

What Could My Compensation Include?

Each case is different, and the money you might recover depends on case-specific factors. Your damages may include reimbursement for your accident-related expenses, such as lost income, property damage, and medical bills. You may also qualify for compensation for your intangible losses, like pain and suffering.

Even with supporting evidence, the liable insurance company will probably try to shortchange you. Your attorney will fight to prevent an insurer from taking advantage of you.

Call a Dedicated Comal County, TX Car Accident Lawyer

When you are injured in a wreck caused by roadway debris, you need the assistance of an experienced New Braunfels, TX personal injury attorney from The Bettersworth Law Firm if you hope to achieve optimal results. Call 830-606-0404 now or send an online message to arrange for your complimentary consultation.