Whether driving around downtown Kansas City or hitting the highways out into Missouri, it’s not entirely uncommon to come across some pretty odd items on the road. Including tossed mattresses, garbage, cargo fallen off of commercial trucks, potholes, and other debris on the road, these items can be very dangerous to drivers. However, when debris on the road causes a car accident, it opens up the question — who is legally responsible?
Although this is a very complicated area of personal injury law, our Kansas City personal injury attorneys at Popham Law are prepared to take on this case and give you a strong, aggressive representation. In many accidents caused by road debris, the responsible party involves a government agency or a private company, and through years of personal injury and car accident experience, we’ve developed the resources to present a strong personal injury lawsuit.
If you’ve been injured in a car accident caused by road debris, don’t hesitate and call our Kansas City law office today by dialing (816) 221-2288 or (800) 578-2288 (toll free).
Overview of Road Debris Accidents
According to the AAA Foundation for Traffic Safety, there are an estimated 25,000 road accidents every year caused by vehicle parts, cargo, or other materials. Unlike a two-car accident, where you could potentially sue the other driver if he/she was negligent and caused the accident, it’s much more difficult to determine who is at-fault for a debris-caused accident. For instance, you can’t sue a blown out tire on the highway for making you swerve and go off the road.
It is important to remember that “fault” in personal injury and road accident cases depend on “negligence.” If you can prove that the other individual (the defendant in the personal injury lawsuit) was negligent, and that his/her negligence caused your injuries and other damages, then you may be able to successfully sue that individual for the damages you incurred.
In order to show negligence after a car accident caused by road debris, you’ll need to show the following two elements:
- That some individual (or company or entity) breached a duty of care that was owed to the injured person
- And that the breach of care caused the injured person’s damages
In many road debris accident cases, the negligent party is a government agency, such as the Missouri Department of Transportation, or a private company (such as a cargo transport company).
Filing a Lawsuit in a Missouri Road Debris Accident
Following an accident involving road debris, the first thing to do is to make sure you get the required medical assistance for your injuries. Also, make sure that your vehicle is safely off the road to avoid further accidents. Afterward, there are some things you should consider doing:
- Document everything — Document the type of debris you hit, where it was located, what happened before the accident, and whether you saw the debris fall off a vehicle or if it was already on the road. Also, document your injuries and the damage to your vehicle.
- Identify who may have been at-fault — Perhaps the debris fell off a vehicle, it was debris due to road construction, or it was a clear example of government negligence.
It is important to remember that the government isn’t responsible for every stone in the road or every pothole. The government may be liable, however, when a clear example of negligence and a failure to properly maintain the road has occurred.
On the other hand, if a private company caused the debris via an act of negligence, such as a private trucking company that didn’t properly secure its cargo, then you’ll need to gather specific facts pointing to the company’s negligence and its role in the accident.
Contact the KC Personal Injury Attorneys at Popham Law
It is important to note that personal injury lawsuits involving road debris accidents are incredibly complex. Although showing negligence from a government agency or private company is not easy, the bigger battle will be effectively holding these individuals accountable for their actions in a Missouri court.
Fortunately, with decades of experience in car accident lawsuits, we at Popham Law boast the resources and legal know-how to navigate this complex area of law. We cannot promise a successful result, but if we take on your case, we can ensure comprehensive diligence and aggressive litigation tactics to build a strong case.
For a free, no-obligation consultation with the attorneys at Popham Law, call our Kansas City law office today at (816) 221-2288 or (800) 578-2288 (toll free).