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You’re driving along an Indiana highway when debris (maybe a piece of cargo, tire fragment, or metal part) suddenly flies into your lane, forcing you to swerve and crash. These accidents happen in seconds, but determining who’s responsible can take months of investigation.
At Christie Farrell Lee & Bell, our car accident lawyers know how to investigate road debris accidents, identify responsible parties, and fight back against insurers or government entities who might deny liability. Here’s what you should know if you’ve been injured by debris on Indiana’s roads:
Common Causes of Road Debris Accidents in Indiana
According to the latest crash reports, Indiana recorded 2,807 crashes categorized as “collision with object in roadway,” with 10.3 fatal collisions per 1,000 crashes—a relatively high fatality rate for this type of accident. The most common causes include:
Vehicle Cargo Falling Off
Loose cargo from commercial trucks, trailers, or private vehicles is a common source of road debris in Indiana. When drivers or trucking companies fail to secure loads properly as per the FMCSA standards, items like lumber, appliances, tools, or even tires can fall into traffic.
Poor Road Maintenance or Construction Zones
Sometimes the problem isn’t a driver but leftover debris from roadwork or poor maintenance. Contractors might leave behind tools, cones, or construction materials, creating hazards for unsuspecting drivers.
Natural Causes
High winds, storms, or severe weather can blow tree limbs, signage, or other debris onto roads. In these cases, government entities might share responsibility if they fail to remove debris quickly enough to keep roads safe.
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Who May Be Liable for a Road Debris Accident?
We’ve handled cases where debris flew off commercial trucks, construction zones left hazards behind, or drivers lost cargo that caused devastating crashes. Figuring out who is legally responsible can make the difference between getting your damages covered and facing massive out-of-pocket costs for injuries, vehicle repairs, and lost income.
Here’s how liability can work in Indiana road debris accidents, and how our attorneys investigate these cases to identify every possible source of compensation.
Other Drivers (Private Individuals or Truck Drivers)
If a driver loses cargo due to improper securing, they could be liable for resulting crashes. For instance, if a truck’s tire tread separates and hits your windshield, the driver or their employer may be responsible for poor vehicle maintenance.
Commercial Trucking Companies
Companies that operate large trucks are legally responsible for ensuring their vehicles and cargo are safe. When debris comes from a commercial truck, the trucking company can be liable for employee errors, poor maintenance, or failure to comply with cargo securement regulations.
Government Entities (City, County, or State)
If road debris is the result of poor maintenance, unfinished construction work, or delayed removal, a government agency could be liable. However, suing a government entity requires special procedures, including filing a notice of claim under Indiana’s Tort Claims Act.
Unknown or Unidentified Drivers
Sometimes debris crashes are caused by vehicles that leave the scene or whose drivers are never identified. In these cases, it’s important to know the legal steps to take if the driver fled. Also, a hit-and-run lawyer can help you file a claim and pursue all possible recovery options.
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Indiana’s Laws on Roadway Hazards and Driver Responsibility
Here are some of Indiana’s legal standards that can influence your case and your compensation:
Negligence and Duty of Care
Every driver has a legal duty to ensure their vehicle and cargo are secure. Similarly, government entities and contractors are responsible for maintaining safe roads, cleaning up debris promptly, and warning drivers of known hazards. When someone neglects these responsibilities, they can be held liable for resulting damages.
Comparative Fault in Indiana
Indiana follows a modified comparative fault system under Indiana Code § 34-51-2. This means that if you’re less than 51% at fault for the crash, you can still recover damages, but your compensation will be reduced by the percentage of fault attributed to you.
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Steps to Take After a Road Debris Accident in Indiana
Knowing the steps to take after a car accident in Indiana will help protect your health and your legal claim. Here’s what to do:
1. Ensure Safety and Call 911
Move your vehicle out of harm’s way if possible. Call 911 to report the crash, request medical help, and ensure law enforcement creates an official accident report.
2. Document the Scene
Indiana has strict laws on leaving the scene of an accident. While you wait for help to arrive, take photos of the debris, vehicle damage, surrounding road conditions, and any identifying markings on trucks or vehicles nearby. Also, look for surveillance cameras or witnesses who saw how the debris entered the roadway.
3. Seek Medical Attention
Even if you feel okay, get checked by a doctor, as some injuries may not show symptoms right away. More importantly for your legal case, having medical records that connect your injuries to the accident is crucial and will strengthen your claim.
4. Report the Incident
File a police report and notify your insurance company promptly. Provide factual details but avoid speculating about fault until you speak to a lawyer.
5. Contact a Personal Injury Attorney
A skilled attorney like those at Christie Farrell Lee & Bell can investigate the cause of the crash, identify responsible parties, and navigate complex claims, including potential government liability or uninsured motorist coverage, depending on the circumstances.
Why You Need Legal Help in Road Debris Accidents
Road debris cases often involve complicated questions of fault. A personal injury lawyer from Christie Farrell Lee & Bell can:
- Determine who’s responsible for the debris.
- Secure evidence before it disappears.
- Handle complex cases, like government claims, trucking companies, or uninsured motorist claims.
- Fight for full compensation for medical costs, lost wages, and pain and suffering.
Talk to an Indianapolis Car Accident Lawyer Today
Proving liability for a road debris accident can be difficult, but you don’t have to handle this alone.
Christie Farrell Lee & Bell offers experienced legal guidance to help you secure the compensation you deserve in Indianapolis. Learn more about us and how we’ve helped countless clients secure hundreds of millions in settlements and verdicts.
Plus, there’s no fee unless we win your case. Contact us today to schedule a free consultation.
Call 317-488-5500 or complete a Free Case Evaluation form