Just imagine for a second, you’re cruising down the Interstate during
post-work rush hour while contemplating your dinner plans when a highway
behemoth suddenly pulls into your lane right in front of you. You get
distracted from your internal dialogue as your eyes gaze at what appears
to be mountains of dirt and gravel overfilling the dump truck’s
cargo container. An insecurely tied piece of tarp blows fiercely in the wind.
The debris starts to spill onto the road. The wind blows the tarp off the
truck exposing an open box bed housing a few pitchforks. You stare in
horror as you continue to drive sixty miles per hour behind the truck.
Seconds later, one of the pitchforks comes flying at you piercing through
Sounds like a pretty inconceivable story, right? Wrong.
Knowledgeable Newburgh motor vehicle accident attorneys know that stories like this are constantly in the news. Roadway debris
creates a path of peril for motorists. Rocks, vehicle parts, furniture
and other similar objects are considered debris that can cause car accidents
when disengaged from the vehicle. When these remains and cargo become
scattered along the roadways, it creates a dangerous and fatal obstacle
course for other motorists.
Experienced Newburgh car accident attorneys know that accidents caused by roadway debris is the product of someone’s
negligent behavior. Liability can be imputed to motorists that cause roadway
debris accidents that injure others. A “reasonable” standard
is applied when assessing a claim for negligence.
Every New York driver is required use reasonable care in the use and operation
of a motor vehicle. Exercising one’s duty of care prevents harm
to others and this means taking action to prevent debris from scattering
onto the road. Failing to do so, can give rise to liability. Not properly
securing cargo on top of a vehicle is not “reasonable” behavior
and it is foreseeable that items will fall off and cause
a car accident.
For example, if an object instantly falls onto the ground right in front
of you, your first instinct will be to swerve out of the way to avoid
hitting it. If there is heavy traffic and another vehicle happens to be
on either side of you, it is foreseeable that a collision will result.
In addition to liability stemming from mishaps of other motorists, states
and municipalities can be held liable for
motor vehicle accidents caused by roadway debris. Government agencies are responsible for clearing
and maintaining the roads. Liability can attach if they were put on notice
of the dangerous condition and failed to cure the hazard within a reasonable time.
Learn more about the most common triggers of car accidents that every driver
should know in
our article posted here. Read about how distracted driving is a form of negligent behavior in
our blog post available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.