Is Hitting Road Debris Considered an Accident?

Hitting road debris is often an unavoidable accident, but determining fault and securing compensation can be complex.

When you hit road debris while driving, it can be both alarming and dangerous. Road debris is often the cause of tire punctures, windshield damage, or even more severe accidents, including multi-vehicle collisions. While the incident itself is generally classified as an accident — since it is an unintentional event causing damage or injury — handling the aftermath can be complicated, especially when it comes to insurance claims and liability.

Handling Road Debris Accidents: Steps to Take

If you find yourself involved in an accident where debris on road damaged your car, taking the right steps afterward can make a significant difference in how your case is handled. Here’s what you should do:

1. Ensure Safety: First and foremost, ensure that you are safe. If possible, move your vehicle away from traffic to avoid further danger.
2. Assess Damage: Check your vehicle for any damage, especially to the tires, windshield, or undercarriage.
3. Document the Incident: Take photos of the debris, the damage to your vehicle, and the surrounding area. If you suspect the debris came from another vehicle, try to gather any identifying details.
4. Report the Incident: If the damage is significant or you were involved in a collision, report the incident to law enforcement. In some areas, you may also be able to report the hazard to transportation authorities.
5. Notify Your Insurance Company: Contact your insurer as soon as possible, providing clear documentation of the incident. If the debris came from another vehicle, you might be able to file a claim against their insurance for compensation.
6. Consider Liability: If the debris was caused by another driver’s negligence (for example, a truck failing to secure its load), you may be able to pursue compensation from their insurer.

Can You File a Claim for Damage from Road Debris?

If road debris damages your vehicle, you can file an insurance claim. Whether or not the claim will be covered depends on the type of insurance you have. Comprehensive insurance typically covers damage from non-collision events, such as hitting road debris. If you have collision insurance, this can also apply if the debris causes you to crash into another vehicle or object. However, if you only have liability insurance, you would be responsible for any damage to your own vehicle, as liability insurance only covers damage caused to others.

This brings up an important question: who is responsible for road debris damage? In most cases, the responsibility does not fall on any individual, as road debris often results from accidents, wear and tear on the road, or poor maintenance. However, your insurance coverage will determine whether you’re financially covered for any damage caused by road debris.

For those in Florida, where the no-fault insurance system is in place, your Personal Injury Protection (PIP) insurance will cover medical expenses but will not cover property damage. For road debris damage, you will need to have comprehensive or collision coverage.

Does Uninsured Motorist (UM) Coverage Apply?

In many cases, uninsured motorist (UM) coverage can apply if you are injured due to road debris, but only under certain circumstances. To access UM coverage, you need to prove two key points:

1. The debris came from another vehicle.
2. The driver of that vehicle acted negligently.

However, proving that the debris came from another vehicle can be tricky. Legally, the inference that the debris originated from a vehicle must be clear and compelling, outweighing any other possible explanations. This requirement ensures that the evidence is strong enough to support the claim, leaving little room for doubt.

For example, if there is a plausible explanation for the debris being caused by something other than a vehicle — such as an object falling from the side of the road or being deliberately thrown — the chances of the claim being successful diminish. The key is ensuring that the evidence strongly points to a motor vehicle as the source of the debris.

Legal Considerations: Proving Negligence

In cases where road debris is linked to another vehicle, proving negligence is essential for obtaining compensation. Legal standards require that you establish two main points: first, that the debris came from a vehicle, and second, that the vehicle’s driver was negligent in allowing the debris to fall onto the road. Establishing these points often relies on circumstantial evidence, such as the location and type of debris, which can help link it to a particular vehicle.

However, stacking inferences can be problematic. This means that you cannot simply build on one uncertain inference to make a further claim. The evidence must be strong enough to exclude all other reasonable explanations for the debris’s presence on the road.

Final Thoughts

Hitting road debris is often an unavoidable accident, but determining fault and securing compensation can be complex. If you’ve been injured or your vehicle has been damaged, the steps you take immediately following the incident can impact your ability to recover damages. Be sure to document everything, report the incident to authorities, and contact your insurance company. If you believe another driver’s negligence was involved, you may be able to pursue a claim against their insurer.

If you encounter difficulties in the claims process or need help proving liability, consulting a car accident lawyer can help you navigate your legal options. An experienced attorney can assist in securing compensation and ensuring your rights are protected throughout the process.