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Road Debris Caused My Car Accident: What Do I Do?

In most cases, your legal claim for compensation after you have been hurt in a car accident would be against the other driver who was involved in the crash. However, there may be certain rare instances in which there could be other or additional parties in your case. There may be times when your car accident was caused by road debris. Then, you may need to seek additional sources of compensation, either as an alternative to suing the driver or in addition to it. Here is what you need to do to seek a settlement if road debris has caused your accident.

How Does Road Debris Result in a Car Accident?

Drivers are not prepared to encounter debris on the road. Even when they are fully focused, they may not expect to either run over debris or have to evade it. A driver may run over the debris, and it can either damage their vehicle or cause them to lose control of their car. They could experience tire failure or damage to the underside of their vehicle due to the debris. Alternatively, a driver may suddenly change lanes to avoid a piece of road debris and be struck by another car.

Who Is Responsible for a Road Debris Accident in Mt. Pleasant?

One of the main challenges in a road debris accident is determining who was responsible. It is essential that you act quickly from a legal perspective because you must conduct a full investigation before you file a claim. There are several potential defendants in a road debris accident lawsuit, including the following:

  • The other driver involved in the crash, if they were negligent.
  • A trucking company, if the road debris resulted from cargo that flew off the back of a truck when it was not properly loaded.
  • A contractor who was working on the roadway left debris in your path or was careless about managing it.
  • The local government was responsible for maintaining the roadway and removing debris within a reasonable amount of time.

What Should I Do When I Have Been Injured by Road Debris?

The first step that you must take when you have been injured by road debris is the same thing that you would do in any car accident case. You must take care of yourself medically, seeking immediate help from a physician. You would do this both to preserve your health and your potential legal case for compensation.

Legally, the most crucial thing that you can do is to contact a car accident lawyer immediately after the crash. Especially when you are dealing with something as fleeting as road debris, it is crucial that a lawyer undertakes a prompt investigation of what happened. It can be difficult or impossible for a car accident lawyer to begin work on your case and have the ability to be effective if you wait until long after the evidence that can prove your case disappears. 

Can I Sue the Government for Road Debris?

If the South Carolina Department of Transportation, or another local governmental entity, was the one who was to blame for your road debris accident, you must be aware that there are special rules that govern your case. You must file a claim within one year after the accident, which is a shorter period than the standard statute of limitations in the state. You can file a lawsuit in court against the government if you are unable to resolve your claim, but you must do it within two years of filing the claim itself. Further, there are some damage caps that apply, limiting your potential financial recovery to $300,000 as an individual, or $600,000 on a per-accident basis. 

Mt. Pleasant Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC Are Here to Help You if Road Debris Caused Your Car Accident

If you have been injured in a crash caused by road debris, you can seek financial compensation with the help of the Mt. Pleasant car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC. To schedule a free consultation, contact us online or call today at 843-727-6500. With offices located in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina, we serve clients throughout the state.

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