You’re driving through Phoenix, maybe on your way to work or heading home after a long day, when suddenly—bam! A piece of road debris strikes your car.
Whether it’s a loose item falling off a truck, a chunk of tire in the road, or debris kicked up by another vehicle, the damage can be frustrating, costly, and leave you with plenty of questions.
One of the biggest questions drivers often ask is, “Who is responsible for road debris damage?” It’s a reasonable concern. After all, why should you pay the price for something that wasn’t your fault?
Liability in such a situation can fall on several parties, from another driver to the state or city. Our Phoenix car accident lawyers can help you make sense of it all. Let’s walk through what you need to know.
What is Road Debris?
Road debris refers to any object or material on the road that doesn’t belong there. In Phoenix and the surrounding areas, this can include:
- Items falling off vehicles, like furniture, tools, or unsecured cargo.
- Tire fragments from blowouts on highways like I-10 or Loop 202.
- Construction materials, such as wood, nails, or concrete, are common in a fast-growing city like Phoenix.
- Natural debris, like branches or rocks, after monsoon storms or high winds.
No matter the type, road debris poses a serious hazard. It can damage your car, lead to accidents, or even cause injuries. In some circumstances, it is possible that another party can be held responsible for road debris damage.
For a free legal consultation, call (866) 499-8989
Who is Responsible for Road Debris Damage?
Responsibility depends on how the debris ended up on the road and who was involved. Let’s break down some common scenarios:
1. Debris Falls from a Vehicle
If the debris came from a vehicle with an unsecured load—like furniture falling off a truck or tools spilling out of the back of a pickup—the driver of that vehicle is usually responsible for the debris damage. Arizona law requires drivers to secure their loads to prevent hazards on the road.
What You Can Do:
- Take note of the vehicle involved, including its license plate, make, and model, if possible.
- File a police report to document the incident.
- Contact your insurance company to start the claims process.
2. Pre-Existing Debris on the Road
If the debris was already on the road when you encountered it, responsibility for that road debris may fall on the government agency or contractor responsible for maintaining that road. However, proving negligence—such as failing to clear known hazards—can be difficult.
What You Can Do:
- Report the debris to local authorities, such as the Arizona Department of Transportation (ADOT).
- Document the scene with photos and notes about the location and circumstances.
- Consult an attorney to explore whether negligence played a role.
3. Debris Kicked Up by Another Vehicle
When another vehicle drives over debris and hits your car, liability can be tricky. Unless the other driver was behaving recklessly—like speeding or swerving unnecessarily—they may not be held responsible.
What You Can Do:
- Gather evidence, like dashcam footage, showing how the debris struck your car.
- File a claim with your own insurance company under your collision coverage.
What if You Can’t Identify the Responsible Party?
Unfortunately, in many cases, it’s impossible to identify where the debris came from or who caused it. In these situations, your own insurance may be your best option.
Here’s what to check in your policy:
- Collision Coverage: This covers damage to your car, regardless of fault.
- Comprehensive Coverage: This may cover damage caused by non-collision events, such as debris falling onto your vehicle.
- Uninsured Motorist Coverage: If you can’t identify the responsible party, this type of coverage might help.
Click to contact our personal injury lawyers today
Steps to Take After Road Debris Damage
If your vehicle has been damaged by road debris, acting quickly and carefully can help protect your rights and strengthen your case. Here’s what you should do:
Ensure Safety First
Pull over to a safe location and assess the damage. If your car isn’t drivable or the situation feels dangerous, call for roadside assistance or a tow.
Document the Incident
Take photos of the debris, your car’s damage, and the surrounding area. If you have a dashcam, save the footage. Any details you collect can help with your claim.
Report the Debris
Call 911 or notify local authorities, such as ADOT, about the debris hazard. This creates an official record of the issue.
Contact Your Insurance Company
Let your insurer know about the damage. Provide all the details you’ve gathered to help with the claims process.
Seek Legal Advice
If you believe someone else is responsible for the debris or your damage, consulting an attorney can help you understand your options and pursue compensation.
Complete a Free Case Evaluation form now
Contact Us Today if You have Questions About Road Debris Damage to Your Car
If road debris has damaged your vehicle, and you’re unsure what to do next, don’t face the process alone. Zanes Law is here to help drivers across Phoenix and the surrounding areas handle these challenging situations.
Call us or fill out our online contact form for a free consultation. Let us take the burden off your shoulders so you can focus on what matters most—moving forward.
You’ve got enough to worry about. Let us handle the rest.
Call or text (866) 499-8989 or complete a
Free Case Evaluation form
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