Who is responsible for road debris damage in St. Louis?

Driving on the highways across Missouri, pieces of tire or broken shards of wood can launch onto moving cars and create significant hazards. Such incidents could result in catastrophic accidents and massive damages, including serious questions about who is responsible for road debris damage. At Burger Law, we have experienced how frustrating and costly these situations can be, especially when a large vehicle is involved, like a truck!

How does a debris accident happen on the road?

Debris accidents can occur in various ways but most often involve vehicles dropping parts or cargo onto the road. Truck accidents are among the leading causes due to the size and nature of their cargo. Cargo can spill if not appropriately secured, tire blowouts can leave fragments that could be dangerous, and parts of the truck can break loose. In and around St. Louis, highways are particularly prone to these hazards due to the heavy traffic from commercial vehicles.

Who is responsible for road debris damage?

Liability for injuries caused by road debris depends upon how the debris came to be on the road. Trucking companies have a duty to ensure their vehicles and cargo are appropriately secured, and a failure to maintain their fleet or properly train drivers may lead to liability. Smaller vehicle drivers may also be liable if they fail to secure their load correctly.

Municipal authorities can also be held liable in cases where poor road maintenance is responsible for trash accumulation or if the efforts to clean and remove the rubbish have been inadequate. According to St. Louis County Claims Management, to hold a county liable for its road damage, a person must prove the road was in a dangerous condition, the injury was directly caused by that condition, and the county created or had notice of it.

Missouri’s comparative fault laws can influence these cases, emphasizing the importance of legal expertise in navigating liability and securing fair compensation.

Does insurance cover road debris damage in Missouri?

The good news is that most insurance policies in Missouri actually cover road debris damage, but it generally does depend on the type of coverage you have. Comprehensive coverage covers your car if damaged by road debris and other risks such as bad weather or vandalism. If the debris caused you to crash, it would then involve your collision insurance. However, if you only have liability coverage, you’ll be responsible for paying for any debris-related damage to your vehicle yourself. If possible, get information about the person who dropped the debris, including their license and insurance information.

What to do after a road debris accident

Whatever the case, proper steps must be taken to secure your claim in any road debris accident.

• Pull over to a safe location: Remove your vehicle from harm’s way.
• Document the scene: Take photos of the wreckage, your damaged car, and whatever is nearby.
• File a police report: Essential for insurance claims and the estimation of punishable persons.
• Visit the hospital: Treatment by a doctor should not be avoided, whether it sounds grave or not.
• Contact your insurance provider: Inform the insurance company when initiating the claim process.

If the debris appears to be from a commercial vehicle, be prepared to gather all the data possible, including license plate numbers and company names.

Tips to prevent a road debris accident

Even though a motorist cannot avoid debris in his path, preparation can still minimize the risk. Set a safe following distance to allow yourself additional time to react if you see something in the road ahead of you. Stay alert to avoid distraction and look down the road for anything that could potentially be a hazard. Tailgating a truck is particularly hazardous because larger vehicles can block one’s line of sight of debris and even generate debris themselves. In addition, wearing daylight driving is another appropriate strategy, as good visibility will help to identify and avoid obstacles. Practicing this knowledge will drastically reduce your chances of encountering significant road problems.

Contact a truck accident lawyer in St. Louis now

Being injured or having your vehicle damaged by road debris can be overwhelming. At Burger Law, we’re here to help. Our experienced team understands Missouri’s laws and knows how to hold the right parties accountable. Call us at (314) 500-HURT to schedule a consultation and discuss your case. We’re committed to fighting for the justice and compensation you deserve.