• Feb
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    Is The Contractor Or The Municipality Held Responsible For An Accident Caused By Construction Debris?

    Car Accident Lawsuits

    Distracted and reckless drivers make driving on the highway challenging enough but having to dodge debris left on the roadway makes things even more dangerous.  Road debris is a growing problem, and according to a report issued by the AAA Foundation for Traffic Safety, led to roughly 500 car accident deaths and about 39,000 injuries in the period between 2011 and 2014. These accidents resulted either from drivers trying to avoid the hazard or actually hitting it. Debris can take many different forms, including automobile and truck parts, furniture, dead animals, tree limbs, and construction or work-zone debris.  In the case of construction debris, injuries or death caused by carelessly discarded or stowed construction materials is considered negligence and can be the subject of a personal injury lawsuit.

    If you have been injured or lost a loved one to construction debris, a personal injury lawsuit can provide you with compensation for your medical expenses, lost wages, pain and suffering, and more. Knowing who to name in a personal injury lawsuit is essential to getting the maximum compensation, and in the case of construction debris, it is possible that both the contractor and the municipality or government agency responsible for the maintenance of the road may be named depending upon the specific circumstances of the case.

    In most cases, responsibility for road debris rests with the individual or entity that the debris belonged to or who was responsible for it appearing on the roadway. This is generally the contractor. The municipality is generally only able to be named as responsible for construction road debris if it has been on the road for a long enough period of time for the municipality to be aware of its existence and to have failed to do anything about it. This would require the ability to prove that the municipality had notice of the presence of the debris, as well as time to respond to it.

    The first step in successfully pursuing those responsible for your road debris car accident is to identify those responsible for its presence on the roadway. Our law firm can assist in conducting a thorough investigation with an eye to gathering all pertinent information to support a successful lawsuit. Contact us today to set up a free consultation to go over the specific details of your car accident. We are here to help.





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