Short Answer: Maybe. If road debris injures you in South Carolina, call 911, get medical care, document evidence, and contact a lawyer to protect your rights and seek compensation.
Long Answer:Car accidents in South Carolina aren’t always caused by direct collisions between vehicles. Sometimes the danger comes from something less expected: road debris or flying debris from another vehicle. These incidents can cause serious injuries, property damage, and lasting financial burdens.
If you’ve been struck by debris, you may be wondering about your legal options, who can be held responsible, and how the insurance claim process works. This blog will explain what to do, how liability is determined, and what steps you should take to protect your rights.
How Road Debris Accidents Happen
Debris-related car crashes can occur in multiple ways:
- Unsecured load from trucks or trailers spilling into traffic.
- Tire blowouts leading to rubber shards, tire pressure failures, or injuries from tire debris.
- Trailer hitches or parts breaking loose from vehicles.
- Cargo falling off due to poor load securing.
The South Carolina Department of Public Safety has strict rules on safe cargo transport. Yet violations still occur, causing hazards on public ways and highways.
Immediate Steps After Being Struck by Debris
- Call 911 and File a Police Report
A detailed police report documents the incident. This is crucial for proving liability in personal injury claims or damage claims. - Seek Medical Care Immediately
Even minor injuries require proper medical care. Medical records, diagnostic scans, and even medical illustrations can later serve as proof in a personal injury claim. - Gather Evidence
Photograph accident scene details, vehicle damage, repair estimates, and debris. Secure witness statements, surveillance footage, or even cell phone records if available. - Insurance Information Exchange
Obtain the other driver’s insurance information, vehicle registration, and driver’s details. - Notify Your Insurance Company
Promptly report the accident to your insurance company, but avoid admitting fault. Questions of comparative negligence can arise in debris-related cases.
Who Can Be Held Liable?
- Commercial Trucking Companies: Under respondeat superior, companies are responsible for drivers hauling loads. If debris falls due to improper load securing, liability is clear.
- Individual Drivers: If flying debris comes from a private vehicle, the driver can be held accountable.
- Government Entity or Governmental Entities: If debris comes from a poorly maintained road or failed construction zone, liability may involve state agencies under the South Carolina Tort Claims Act.
- Vehicle Owners: Poor maintenance, such as tire manufacturing defects, can create debris hazards.
Legal Challenges in Debris Claims
Victims face several obstacles:
- Proving debris came from a specific vehicle.
- Establishing comparative negligence if multiple cars were involved.
- Handling pushback from the insurance company on collision coverage or uninsured motorist claims.
- Navigating deadlines for claim submission or claim deadlines.
Strong evidence like event data recorder outputs or photograph accident scene files strengthens a case.
Common Injuries in Debris Accidents
- Traumatic brain injuries from direct impacts.
- Broken bones, spinal injuries, or whiplash from loss of control.
- Cuts and lacerations from hitting truck tire pieces or rubber shards.
- Emotional trauma requiring therapy.
These injuries often result in long-term medical care costs and ongoing treatments, making strong personal injury claims critical.
Compensation You May Be Entitled To
Victims of debris-related accidents in South Carolina may recover compensation for:
- Medical records expenses and treatment bills.
- Property damage and vehicle damage repair or replacement.
- Lost wages and future income loss.
- Pain and suffering.
- Wrongful death compensation in fatal cases.
Compensation outcomes are often determined by insurance policies, damage assessment, and prior verdicts and settlements.
Working with Car Accident Lawyers in South Carolina
Navigating claims alone can be overwhelming. Victims often seek help from car accident lawyers, auto accident lawyers, or a truck accident lawyer when commercial vehicles are involved. A personal injury lawyer can provide guidance in filing a personal injury claim against the at-fault party or insurance company.
Law firms like Ted Law Firm Injury Lawyers are known across the region for handling complex personal injury law cases, but every victim has the right to choose the legal service that best aligns with their needs.
Preventing Road Debris Accidents
While victims can’t always prevent flying debris, there are steps to reduce risks:
- Stay back from trucks carrying loads.
- Watch for signs of overinflated tires that may lead to tire blowouts.
- Be cautious around construction areas with loose equipment.
- Report unsafe loads to the Customer Service Center of the Highway Patrol.
- Support safety measures recommended by the AAA Foundation for Traffic Safety and the Highway Traffic Safety Administration.
Closing Thoughts
Road debris may seem like an unavoidable hazard, but many accidents stem from negligence — whether by drivers, trucking companies, or governmental entities. If you’re injured, documenting the scene, pursuing the insurance claim process, and seeking legal advice are crucial steps.
Victims deserve accountability when careless drivers or poor safety practices cause harm. Whether through damage claims, repair estimates, or pursuing recovery for long-term medical needs, knowing your rights is essential.
About Ted Law
At Ted Law Firm, we believe the law is about fairness and accountability. Personal injury law is not just about compensation, but about restoring dignity to victims and families. We serve families across Aiken, Anderson, Charleston, Columbia, Greenville, Myrtle Beach, North Augusta and Orangeburg. When road debris or unsafe practices cause harm, we stand by communities across South Carolina to ensure voices are heard and justice is pursued.Contact us today for a free consultation
