There are always inherent risks associated with driving a car on public roadways in Houston, across Texas, or anywhere in the United States. These hazards are enhanced when debris falls from other automobiles on streets and highways. The reality is that there are some important points to bear in mind when it comes to the legal liability or legal responsibility surrounding a car crash caused by road debris from another car.
When a car accident is caused by road debris from another vehicle, the issue of legal liability can become complex. However, it is essential to determine who is at fault for the accident to ensure that the responsible party pays for damages and injuries incurred by the victim or victims of this type of crash. A car accident lawyer in Houston can help you determine who may have been responsible for the unsafe road conditions.
Driver of the Vehicle that Caused the Debris
The driver of the car that caused the debris may be held liable for damages resulting from the accident. The driver has the responsibility to ensure that their vehicle is properly maintained and secure while on the road. Thus, if the debris falls off due to poor vehicle maintenance or improper loading of cargo, the driver is responsible for the damages incurred.
Owner of the Vehicle
In some cases, the owner of the vehicle may also be held liable if they knew or should have known that there was a risk of debris falling from their vehicle. For instance, if the car has a known defect that could lead to debris falling off, the owner should take steps to fix it or avoid driving the car until it is fixed.
Company that Owns the Vehicle
If the debris was caused by a truck or commercial vehicle, the company that owns the vehicle may be held liable under certain circumstances. Commercial vehicles are subject to stricter regulations and safety standards than passenger cars. Therefore, if the company fails to maintain the vehicle or improperly loads cargo, they may be held liable for the accident.
Driver of the Vehicle That Hits the Debris
If a driver hits the debris and causes an accident, they may be found partially at fault if they were following too closely or driving at an unsafe speed. Drivers have a responsibility to maintain a safe distance from other vehicles on the road and adjust their speed based on road conditions.
Driver of the Vehicle Had Ample Time to Avoid Debris
If the debris was already on the road, and the driver who hit it had ample time to avoid it, they may be found partially at fault. In such cases, the driver is expected to exercise caution and avoid any obstacles or hazards on the road.
Government Agency Responsible for Road Maintenance
In some cases, a government agency responsible for maintaining the road may be held liable if the debris was a result of poor road conditions or maintenance. For instance, if the road has not been properly maintained or if there was a failure to remove debris from the road, the government agency may be held liable.
Importance of Collecting Evidence
It is crucial to collect evidence at the scene of the accident, including photos, witness statements, and the debris itself, to support any legal claims. This evidence can help establish liability and determine the extent of damages that can be recovered. With that said, this is not always possible following an automobile accident, including one arising from roadway debris. This reality underscores the need to engage the services of an experienced Houston personal injury lawyer, like a member of the legal team at The Doan Law Firm.
Your Legal Rights Following a Texas Car Accident
When you’re the victim of a car crash caused by roadway debris, you can learn more about your important legal rights by contacting The Doan Law Firm at (800) 349-0000. You can connect with our firm any time of the day or night and schedule an initial consultation with an experienced Houston car accident lawyer. There is no charge for an initial consultation and case evaluation from a Houston car accident attorney from our firm. In fact, The Doan Law Firm never charges an attorney fee unless we win your case for you.