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Mark Bello
Mark Bello
Attorney • (877) 377-7848

Liability for Road Debris Accidents

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A woman lost control of her SUV when she swerved to avoid hitting a tire tread in the middle of the interstate. According to the Florida Highway Patrol, when the woman over-compensated, the SUV overturned before stopping in an upright position. The driver was killed; two passengers were flown to an area hospital in serious condition.

Many causes of auto accidents are due to road debris which can include tree branches, tire tread, lumber, small objects that fly off other vehicles, and much more. Swerving to avoid the debris is a common reaction, but it can also be more devastating than hitting the object. Even though hitting the debris may cause damage to your vehicle or injuries to you, swerving into another lane or off the road can cause you to lose control of your vehicle and strike another vehicle or object such as a guardrail.

If an auto accident is caused by road debris, it is important to contact an experienced attorney to determine who is responsible for damages. You may be entitled to financial compensation for your injuries, medical bills, lost wages, pain and suffering, and any other damages related to the accident. The unfortunate aspect of road debris claims is proof. If the debris came from a passing vehicle, it may be difficult to determine who was responsible. Claims of negligence against government entities can also be difficult because the agency may have sovereign immunity in such lawsuits. The plaintiff must prove the state agency was notified of the debris, but failed to clear it from the road. Additionally, the plaintiff must prove that the debris was the cause of the accident; there must be proof that the accident would not have otherwise occurred.

Unfortunately, there is not a sure-fire answer to safely avoiding road debris except to eliminate it. Always make sure any loads are securely fastened to your vehicle. If you see debris on the roadways, safely pull over and call the police.

Mark Bello has thirty-five years experience as a trial lawyer and thirteen years as an underwriter and situational analyst in the lawsuit funding industry. He is the owner and founder of Lawsuit Financial Corporation which helps provide legal finance cash flow solutions and consulting when necessities of life litigation funding is needed by a plaintiff involved in pending, personal injury, litigation. Bello is a Justice Pac member of the American Association for Justice, Sustaining and Justice Pac member of the Michigan Association for Justice, Member of Public Justice and Public Citizen, Business Associate of the Florida, Mississippi, Connecticut, Texas, and Tennessee Associations for Justice, and Consumers Attorneys of California, member of the American Bar Association, the State Bar of Michigan and the Injury Board.

1 Comment

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  1. Vern Dennis says:
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    Best advice I can give is drive roughly the speed limits and always leave at least one vehicle length between your vehicle and the vehicle in front of you. That doesn’t do much for you if the debris comes off the vehicle in front of you but (normally) leaves enough time to slow down or avoid existing road debris. This, of course assumes that you actually are paying attention when you drive