Driving on Arizona’s roads can be unpredictable, especially when it comes to road debris. Rocks, tree branches, and tire fragments are just a few examples of debris that can cause serious accidents and injuries. After being injured due to road debris, you may be wondering who is liable for the damages. The answer depends on several factors, including the cause of the debris and the actions of other drivers.
Fortunately, at Jensen Phelan Law Firm, we offer a free assessment of your case and an explanation of your rights. You may be unsure of how to proceed after an accident caused by debris, but our attorneys can provide you with the top-quality legal services you need to understand the best path toward fair and full compensation.
Driving on the roads in Arizona, you may come across various types of debris, including rocks, pebbles, tree branches, and tire fragments. Unfortunately, road debris can cause serious accidents and injuries, leading to physical harm and financial loss. If you were injured due to road debris, you may wonder who is liable for the damages.
Liability for road debris accidents in Arizona depends on several factors, including the cause of the debris, the location of the debris, and the actions of other drivers as well as the government agency responsible for road construction and maintenance. In general, there are two parties who may most often be held responsible for road debris accidents: the driver who caused the debris (if any) and the government agency responsible for maintaining the road.
If the driver who caused the debris is known, they may be held liable for the accident. For instance, if a truck driver fails to secure their cargo properly, causing it to fall onto the road and hit another vehicle, they may be held responsible for any resulting injuries and damages. In this case, the injured party may file a personal injury lawsuit against the driver to seek compensation for medical expenses, lost wages, and pain and suffering.
However, if the driver who caused the debris is unknown, the injured party may need to seek compensation from the government agency responsible for maintaining the road. Under Arizona law, government entities have a duty to keep the roads in a reasonably safe condition for drivers. If a government agency fails to maintain the road properly and this failure results in road debris causing an accident, the agency may be held liable for the damages.
Be aware that the “open and obvious condition” defense is common in this type of case. If the debris on the roadway was visible and could have been avoided, the driver of the vehicle that was involved in the injury-causing event may be held to be partly or totally responsible. The circumstances of the crash are vital: take photos of the debris from different angles and distances to confirm the facts, as the police investigator may not take photographs.
To file a claim against a government agency, the injured party must follow specific procedures and deadlines. The written claim (“Notice of Claim”) must be filed within 180 days of the accident and must include specific information, such as the date and location of the accident, the nature and extent of the injuries, and a statement of the damages sought. If the government agency denies the claim, the injured party may file a lawsuit in court to seek compensation. Know that the appellate courts in Arizona have been very strict about the requirements of the Notice of Claim statute: even lawyers have difficulty meeting the standard at times.
In some cases, other drivers may also be held responsible for road debris accidents. For instance, if a driver swerves to avoid debris and causes a collision with another vehicle, that driver may be held liable for any resulting injuries and damages. Similarly, if a driver fails to secure his/her own cargo properly and it falls onto the road, causing an accident, they may be held responsible for the damages.
Determining liability for road debris accidents in Arizona can be complicated and may depend on various factors. If you have been injured due to road debris, it is important to seek the advice of an experienced personal injury attorney who can help you understand your legal rights and options. By working with a skilled attorney, you may be able to recover compensation for your injuries and damages and hold the responsible parties accountable.
Being injured due to road debris in Arizona can leave you feeling unsure of how to proceed. It is important to seek the advice of an experienced personal injury attorney who can help you understand your legal rights and options. At Jensen Phelan Law Firm, we have a team of dedicated and skilled attorneys who can provide you with the guidance and representation you need. Our attorneys have over 65 years of combined experience in handling personal injury cases, including those involving road debris accidents.
We understand the physical, emotional, and financial toll that an accident can have on you and your family, which is why we work tirelessly to make sure that you receive the compensation you deserve. Whether you need help filing a claim against a government agency or pursuing a lawsuit against a reckless driver, we are here to help. Contact us today at (928) 778-2660 or complete our contact form to schedule a free consultation and learn more about how we can help you with your road debris accident case.