Road Debris and Accident Fault in California
In California, compensation for motor vehicle accidents depends on fault. In most cases, it is easy to determine who is at fault in an accident if one driver was distracted or breaking the law and the other was not. However, there are other times when assigning fault is a little more complicated. For example, what if the accident was caused by road debris?
Road Hazards that can Cause an Accident
Here are a few examples of road hazards or debris that can contribute to a collision:
- Potholes – A driver may not see the pothole and could hit it, thereby damaging a tire. Or a driver may end up in an accident while trying to avoid a dangerous pothole.
- Road work – When road work has been performed, traffic cones, signs, or other debris may be left behind accidentally by workers.
- Dropped items – When a truck is being used to haul items, something may fly off the back without the driver noticing.
What Determines Fault?
Here are a few things that can determine who’s fault the accident is:
- Where was the road hazard and who is responsible for it ending up there?
- Whose jurisdiction is the road? There are federal, state, and locally maintained roadways.
- Was negligence involved in leaving the debris, or did it get dropped as you arrived?
- Was the road hazard the cause of the damages?
San Diego, CA Personal Injury Attorneys
If you have been injured in an accident involving a road hazard or debris, contact Petrov Law Firm to determine if you deserve compensation. We can help you to calculate your damages and to determine where the blame lies. Call 619-344-0360 to get started today.