In any type of auto accident case, your attorney must determine who can be held liable for your injuries, in order to seek full and fair compensation for you. When road debris is involved, that can be a complicated matter. How did the debris get there? Was it dropped from another vehicle or come from another source? How long was it in the roadway? Did road crews have adequate time to clean it up and fail to do so. Were you hit by another driver who was swerving to avoid an item in the road? These are just some of the questions that can apply to your case.
Improperly Secured or Uncovered Load
Drivers have a duty to properly secure loads that they haul, whether they are individuals moving furniture or taking a load to the dump, commercial drivers, or non-commercial drivers hauling or delivering items for a work-related purpose.
Drivers who fail to secure their loads can be held responsible for injuries caused by flying or dropped debris. And when that is on-the-job driving, employers may be held responsible.
Debris Left on Road
Cases in which debris was left on the road, can get tricky because you can be liable if you were found to be speeding, distracted, or driving in another unsafe fashion and could otherwise have avoided hitting the debris. But, in many cases, the government entity responsible for maintaining the road can be held liable if they knew or should have known and did not clean up the debris in a timely manner.
If your injuries were the result of an accident caused by road debris in New York, our accident attorneys can help. Please call the Law Offices of Eric R. Bernstein, P.C. at (877) 21 NY LAW or email us today to schedule your free initial consultation.