Car speeding down road

What To Do If Road Debris Caused Your Accident

By Steven Miller
Senior Partner

Not all accidents involve collisions with other vehicles. There are numerous wrecks caused by debris left carelessly in the street. A road debris accident can cause not only property damage to your vehicle but also serious injury. It can even prove fatal in some cases. Establishing who is at fault for these crashes is no simple task, which is why having an experienced Queens personal injury lawyer is essential. Miller, Montiel, & Strano, P.C. is here to serve your legal needs.

Common causes of road debris accidents

If you’ve been in a road debris accident and seek compensation for your injuries, it will be your job to prove that someone was negligent. It starts with understanding why the wreck happened in the first place. For instance:

Falling items. Drivers routinely transport items throughout New York, with some examples being moving trucks, tractor trailers, flat beds, and personal vehicles. But if the cargo is not properly tied down, items can fall off and cause chaos.

Trash. Sanitation workers who don’t make sure their garbage and recycling trucks are secure could accidentally spill trash onto the roadway. But trash that is not properly curbed could also end up in the street and lead to an accident.

Vehicle debris. Whether due to parts falling off vehicles or debris left in the road after a fender bender, this is a major source of automobile crashes. In some cases, the item that comes loose from the vehicle could be serious and deadly, such as a tire.

Snow and ice. Drivers should clear their cars and trucks of snow and ice before hitting the road, but the reality is that many don’t. Flying ice and snow can strike other vehicles or distract drivers and cause a wreck.

Construction materials. New York is no stranger to construction, with work simultaneously occurring on many streets. Construction companies and their crews should ensure that items from their work sites stay safely away from traffic.

Who can be held liable for a road debris accident?

Depending on what caused the accident, and how, there could be a few potential parties that might be held liable. Here are some examples:

  • The driver, whether commercial or non-commercial
  • The driver’s employer (e.g. a trucking company)
  • Automobile manufacturers
  • Parts manufacturers
  • Repair shops
  • Vehicle rental companies
  • Construction crews
  • Governmental entities

In some cases, multiple parties might share blame for the accident.

Retaining legal counsel is one of the most important steps you can take if you’ve been in a wreck. Your attorney will investigate the incident to determine who exactly was at fault for it. This involves interviewing witnesses, pulling surveillance footage (where possible), reviewing the accident report, and much more. Your attorney may also rely on expert witness testimony, for example from an accident reconstructionist, to help explain how the defendant was liable.

You should make sure that you see your doctor right away so your injuries can be treated. Follow all doctor recommendations and attend any follow-up appointments. Also, write down everything you can remember about the accident, being sure to err on the side of more rather than less detail. Any notes you take will prove useful when it comes time to seek monetary compensation.

Part of your attorney’s job will be to negotiate with the at-fault party’s insurance company to seek the maximum damages available. Here again, expert witness testimony will help in projecting future expenses and losses (such as medical treatments and lost earning capacity) for which you may demand compensation.

Here To Stand Up For Accident Victims’ Rights

Our experienced personal injury attorneys know what it takes to help victims of automobile accidents, whether caused by road debris or other acts of negligence. Don’t delay seeking the justice you and your family deserve. Connect with Miller, Montiel, & Strano, P.C. today.

About the Author
Steven Miller, Esq. is the founding member and Senior Partner in Miller, Montiel & Strano, P.C. Mr. Miller’s extensive career as a trial attorney spans five decades. He tries cases for the catastrophically injured victims of construction site accidents, motor vehicle and premises accidents caused by the negligence of others. Mr. Miller is a detail oriented, tenacious attorney committed to achieving the maximum results for his clients; he has obtained numerous seven figure verdicts and settlements.