Couches, ladders, refrigerators, tire tread, mattresses...all items that can fall off a vehicle and become deadly hazards on the roadway.
At McGee, Lerer & Associates, a Los Angeles personal injury law firm, we have handled many roadway debris cases over the years.
THE LAW
Under California law, it is illegal to throw or dump debris onto the roadway. California Vehicle Code section 23112 (a) states: "No person shall throw or deposit, nor shall the registered owner or the driver, if such owner is not then present in the vehicle, aid or abet in the throwing or depositing upon any highway any bottle, can, garbage, glass, nail, offal, paper, wire, any substance likely to injure or damage traffic using the highway, or any noisome, nauseous, or offensive matter of any kind."
THE PROBLEM
The problem with roadway debris cases is that you need an identifiable defendant to make a claim against. More often than not, the injury victim did not get the license plate number of the vehicle that dropped the roadway debris, and there is no identifying information on the debris that allows it to be tracked back to the party responsible for dropping it.
If the responsible party cannot be identified, then there's no case unless the victim has uninsured motorist coverage. A requirement for uninsured motorist coverage to apply, however, is that there was physical contact between the victim's car and the debris. If the victim's vehicle never made contact with the debris, then uninsured motorist coverage will not apply.
If you've been injured in a car accident in Los Angeles involving roadway debris, the attorneys at McGee, Lerer & Associates can tell you whether you have a case. Call our personal injury lawyers for a free consultation or free second opinion: (800) 999-9948.