CAN YOU FILE A LAWSUIT AFTER HITTING DEBRIS ON THE ROAD?

Icon badge Legally Reviewed By
Senior Partner
2 mins READ

Under liability laws, anyone who leaves debris in the road inadvertently or intentionally can be held liable for any resulting damages, such as if a driver crashes into that debris and gets hurt. However, find the person or party that left debris in the road is a challenge. For many cases, it is completely impossible to know who left a stray box, coach, Christmas tree, etc. in the road because the junk falls off their car without them ever noticing or stopping.

HOW CAN YOU FIND OUT WHO DROPPED DEBRIS ON THE ROAD?

If you did not see who dropped the debris that caused your car accident, then it is possible that another motorist did. Ask anyone who stops to help you if they got a clear picture of who dropped the debris. You might also have some luck with nearby traffic cameras or places of business. Many retail shops have security cameras that face the front of the store, which could have recorded the moment the debris fell off a moving vehicle. Talk to an attorney about how to get video footage either from a traffic cam or a private business.

CAN YOU SUE THE GOVERNMENT FOR YOUR DAMAGES?

Public roadways must usually be maintained by municipal or state-level entities, like your state’s Department of Transportation. Such entities can sometimes be held liable for damages after a driver crashes into or because of roadway debris that was left unattended for an unreasonable amount of time. Proving that debris has been left in the road for an unreasonable amount of time can be just as difficult as finding who dropped the junk in the first place. It is most likely that the defending governmental entity would argue that they were never told of the debris and never had time to find it on their own. As the person pursuing damages, the evidential burden will be on you to prove that the debris had been left there unattended for days or possibly weeks.

WHAT SORT OF JUNK ENDS UP IN THE ROAD?

If a commercial truck loses cargo on the road, it could drop:

  • Pallets of product
  • Scrap metal or wood
  • Fruits, vegetables, and other foods
  • Hay bales

Other drivers might lose the following on the road and not realize it:

  • Furniture
  • Luggage
  • Christmas trees
  • Food left on the roof

UNINSURED MOTORIST CLAIMS FOR ROAD DEBRIS CRASHES

Do you have uninsured motorist coverage as part of your car insurance policy? It might be possible to use it to collect damages after you crash into unattended debris on the road and cannot identify who left it there. Different policies have different allowances for debris-related crashes, though. You will want to review your policy to see if you should be filing a claim against your own insurance provider.

If you can use your uninsured motorist coverage, then you should expect that your insurer might fight you on it. In such a turn of events, you should speak with a car accident lawyer for legal guidance about what to do next. You can use their experience and insight to go up against your insurance company and pursue the full compensation that you deserve.

Huffman & Huffman offers comprehensive legal services to injured drivers throughout Virginia. Call (757) 599-6050 if you need help figuring out how or if you can file a claim after crashing into stray road debris.

HUFFMAN & HUFFMAN NEWSLETTER
FOUND THIS HELPFUL?

Get safety tips, legal updates, and firm news sent directly to you. Subscribers also get first access to our contests and giveaways.

Newsletter

Related Posts

  • Two people walking in the crosswalk
    Car Accidents
    Pedestrian Accidents
    3 mins READ

    Safety Tips for Drivers & Pedestrians

    Walking should be a safe way to get around, but pedestrian crashes continue to affect families across Virginia. According to DRIVE SMART Virginia’s annual report, which cites Virginia DMV data, 138 pedestrians died on Virginia roadways in 2025. Nationwide, 7,080 pedestrians were killed in traffic crashes in 2024—a 3.9% decrease from 2023, but still a...
    Read More  
  • Aerial view of a waterfront downtown skyline
    Car Accidents
    4 mins READ

    What to Do If You’re in an Accident on the Hampton Roads Bridge-Tunnel

    An accident on the Hampton Roads Bridge-Tunnel can create additional challenges beyond those of a typical car crash, from safely getting out of traffic to determining fault in heavy congestion. Knowing what to do at the scene, what evidence to preserve, and how to document your injuries and losses afterward can help protect a potential claim.
    Read More  
  • Car Accidents
    Personal Injury
    4 mins READ

    Huffman & Huffman celebrates child passenger safety week

      Every parent and caregiver wants to do everything possible to protect the children in their care. As a firm with multiple parents, child safety and well-being are always at the front of our mind, especially when traveling by car. Child Passenger Safety Awareness Week is September 20–26, with Saturday, September 26 recognized as National...
    Read More