Georgia Auto Accidents Caused by Roadway Debris


June 02, 2011

We have all seen debris while navigating the streets and highways of Georgia. Road debris can be a problem for drivers whether it is due to tire treads from tractor-trailers, trash that has fallen out of the backs of pick-up trucks, or parts that have fallen off of cars.

According to statistics from a study conducted by the AAA Foundation for Traffic Safety, road debris causes 25,000 accidents and nearly 100 deaths each year.

There is a chance that anyone driving on the road today could be involved in an accident caused by debris on the road. If you are seriously injured in an accident caused by road debris, you should consider consulting with an experienced Georgia personal injury attorney without delay, especially because the often uncertain nature of the source of the debris can make these cases challenging for injury victims who want to file a Georgia personal injury lawsuit or claim.

Accidents

In a road debris accident that occurred in Seattle, WA, a woman nearly lost her life when a piece of furniture fell off the back of a truck in front of her and a piece of the furniture came crashing through her windshield. Half of her face was destroyed, and the doctors had to reconstruct it with bone and titanium plates. She suffered brain damage and will never see, smell, or taste again.

Other types of road debris accidents can occur when a driver hits an object in the road, swerves to avoid an object and then crashes, or applies the brakes to avoid hitting an object and is hit from behind by other cars. While the accident victim was able to identify the responsible party because she saw the item of furniture fall from the truck, the victims in many road debris accidents are not able to identify the party that is responsible for the debris being initially deposited on the roadway. This means that a Georgia road debris attorney that is familiar with the process of identifying other responsible parties and multiple theories of liability can make the difference in whether an accident victim is successful in a lawsuit involving this type of collision.

Making a Claim

Being successful with a claim in a road debris accident requires identifying a party responsible for leaving the debris in the road or an alternate basis for liability. If the debris comes off of the back of another driver's vehicle, you will have to establish that the driver of the vehicle was negligent in securing the cargo which resulted in it falling into the road.

Sometimes it is possible to hold a governmental entity responsible because it had jurisdiction over the road and was responsible for keeping the street, highway or freeway clean and safe for motorists. The following may need to be proven when seeking to impose liability on a government agency or entity in a road debris accident collision:

  • The government entity knew or should have known about the debris in the road
  • The government entity did not remove the debris in a reasonable amount of time

Many governmental units have limited immunity in place that makes it more difficult to pursue a personal injury claim and recover damages. A lawsuit of this type usually requires that the Georgia injury victim file a notice of claim with the government entity prior to filing a personal injury lawsuit. There are also much shorter time limits in place when pursuing a claim against a Georgia governmental unit.

The Atlanta accident attorneys of Montlick and Associates is available to assist clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.