A relatively common contributing factor to car accidents is debris on the road. Debris on the road can occur for a wide variety of reasons, but it frequently results from a motorist failing to secure a load in a trailer, a commercial vehicle, or the back of a pickup truck. It's possible to either hit this debris yourself or be involved in another accident after another driver swerves to avoid the debris and makes contact with you. In such a scenario, you'll want to retain an auto accident attorney promptly so that you can discuss the appropriate legal action. In debris cases, there may be multiple defendants to target.
The Person Responsible For The Debris
You should consider the value of targeting the person who was responsible for the debris on the road. If the debris just occurred, you may have seen the vehicle from which it came — or perhaps a witness may have noticed, and then pulled over to relay this information to you. If the debris had been on the road for some time, having your attorney go over traffic cameras or even assess the type of debris could reveal who left it there. You can then file a suit against this person or company.
The city in which your accident took place may hold some degree of culpability regarding the debris. Your attorney may be able to learn that the debris remained on the road for an extended period of time. He or she can often do this by talking to witnesses and reviewing traffic camera footage. If your attorney believes that the debris was on the road long enough that the city should have picked it up, he or she may believe that the city was negligent and thus partially responsible for your accident.
The Other Driver
If another driver swerved to avoid the debris and hit your vehicle in the process, your attorney will likely discuss taking legal action against him or her. This is a difficult situation for the other driver, and you may have empathy for his or her position. However, motorists are responsible for maintaining control of their vehicles at all times, and if the other driver swerved and hit you, there's no disputing the fact that he or she played a role in the accident.
Targeting these three defendants in your car accident case will be a busy time but, hopefully, one that is profitable for you.