Maison Law represents vehicle accident victims in California. Motorists in California can be liable for the damage they cause to roadways. California Vehicle Code 17300 covers the type of damage drivers can be responsible for. Damage to roadways is a fineable offense due to the hazards it presents to other drivers and the costs to repair or replace the damage.
Am I Responsible for Debris Falling Off My Vehicle in California?
Yes, in the state of California, drivers are responsible for any debris that falls from their vehicles. According to California Vehicle Code 17300c, a person who “willfully or negligently” causes or permits the contents of their vehicle to be deposited upon a street, highway, or interstate is liable for the costs of removing those contents. Debris can cause a litany of problems for other motorists traveling at high speeds on the roadways. The statute goes on to state in section (d):
“The liability state in this section also applies to an owner of a vehicle operated with the owner’s permission, as provided in Article 2 (commencing with Section 17150), and includes liability for the reasonable cost of necessary safety precautions, including, but not limited to, warning traffic, the removal of debris resulting from accidents, the removal of any materials, or providing detours.”
As you can see from this statute, the costs of leaving debris on the interstate can rise quickly. For this reason, the state expects all drivers to manage their property and keep the roadways safe.
Who is Responsible for Repairing Roadway Damage in California?
Drivers who damage the roadway itself or objects along the road can be held liable for the repair costs. California Vehicle Code 17300 states:
“A person who willfully or negligently damages a street or highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, is liable for the reasonable cost of repair or replacement thereof.”
The California Department of Transportation or Caltrans is responsible for keeping highways and freeways free of dangerous debris. If repairs are not made in a timely manner, the government could have a premise liability as the roadways are their responsibility to maintain, even if a motorist damages the road. According to Government Code 835, public entities are liable for hazardous road conditions on county, city, and state roadways.
How Do I Prove Another Driver Was Responsible for Roadway Debris?
According to California Negligence Law, if an accident was a result of another motorist leaving debris on the roadways, they can be held liable for injuries and property damages. Much like most other states, California requires the plaintiff to demonstrate the following to prove the liable party’s actions were reckless or careless. These elements of proof include:
- The defendant had a duty of care
- The defendant breached their duty of care and caused the plaintiff injuries
- The defendant’s actions were the proximate cause of the injuries
- The plaintiff suffered actual, verifiable damages
In a road debris accident, the “duty of care” includes the general requirement of ordinary care of managing their property in a way that does not harm another person. For example, a plaintiff would have to prove the defendant carelessly loaded the back of their truck with boxes, and failed to secure them properly. A box fell off the back of the truck and popped the tire of a vehicle that was forced to run over it, resulting in a serious accident. The driver who carelessly loaded their cargo could be held liable.
Common Scenarios Where Drivers Fail to Secure Property on the Roadway
Pick-up trucks, vans, and sedans are all vehicles people will use to transport their belongings from place to place. Sometimes cargo requires straps or even trailers to transport our things across major highways and interstates. However, some of us are not experienced at securing objects for transport and end up putting other drivers at risk of hitting falling items at high speeds. The most common scenarios where drivers fail to secure their property include:
- People who have just bought furniture at IKEA
- Students leaving home for college for the first time
- Going on a road trip with a large group
- People transporting their trash to the dump or recycling center
Contact a Roadway Debris Accident Lawyer in California
If you or a loved one are hurt due to an accident caused by debris on the road, the experienced accident attorneys at Maison Law can get you the compensation you need. As a California-based law firm, we support accident victims across the Golden State and protect their rights to fair compensation. Our personal injury firm will investigate your accident and make sure all liable parties are brought forward to compensate you for your damages. For legal advice, contact Maison Law today for a 100% free consultation and case evaluation. There are no upfront costs for our counsel and our clients never pay a cent unless their case is won.
