15 April, 2025
Wondering who is responsible for road debris damage after a car accident in San Diego is a common concern for many drivers. These accidents can happen suddenly and leave drivers with unexpected damage, costly repairs, and more questions than answers. Determining who should cover the costs isn’t always easy, especially when the source of the debris isn’t immediately clear. At The Barnes Firm, we understand how frustrating and confusing this situation can be, and we’re here to help guide those impacted through each step of the process with clear and reliable support.
Road debris refers to any object or material found on the roadway that doesn’t belong there and poses a risk to drivers. This can include shredded tires, tree limbs, scattered vehicle parts, construction leftovers, or unsecured cargo that has fallen from trucks or trailers.
In San Diego, these dangers are especially concerning on high-traffic routes such as I-5, I-15, and Route 163. Fast-moving vehicles and limited reaction time make even small items hazardous. A sudden impact with debris can damage a car or cause a driver to lose control. Additionally, drivers who swerve to avoid these objects may collide with other vehicles or roadside structures, leading to more severe accidents. Staying alert and knowing the risks of road debris in these areas can help prevent serious crashes and injuries.
Responsibility for road debris in California depends on how it got there and who controlled it. California Vehicle Code Section 23113(a) clearly states that anyone who drops, dumps, or allows material to escape from their vehicle must remove it immediately or face liability.
When road debris comes from a vehicle—like a loose mattress or unsecured load—the driver or owner of that vehicle can be responsible. California law requires all loads to be secured to prevent them from falling off and causing danger to others.
If a driver fails to secure their load or neglects to remove fallen objects, they can be liable for any resulting damage. This includes damage to your vehicle or injuries to you or your passengers.
Construction zones often generate debris, especially when work is done near active traffic lanes. Items like cones, tools, concrete, or equipment parts may fall or be left behind on the road. When this happens, the contractor or construction company overseeing the site may be responsible for any accidents.
In some situations, debris can blow onto roads from private properties. For example, a tree branch that breaks off from a property during high winds and lands in the street can lead to an accident. If it’s proven that the property owner failed to maintain their land properly, they could be held liable.
Car insurance coverage plays an important role in road debris cases. If you hit a stationary object lying on the road, your collision coverage may cover repairs. However, comprehensive coverage might apply if the object hit your car (for example, debris flying off a truck).
If you can identify the responsible party, their liability insurance may also help cover damages. However, proving fault can be challenging without evidence such as dashcam footage or witness statements.
Uninsured/underinsured motorist coverage might help in cases where the responsible driver cannot be found. Reviewing your policy and speaking with your insurance company about how your coverage applies is important.
Determining fault in a road debris accident requires evidence, documentation, and a clear understanding of California’s liability laws.
Some helpful steps after an incident include:
In hit-and-run situations—such as when debris flies from a truck that keeps driving—getting identifying information (like a license plate or vehicle description) is vital.
San Diego’s city and state agencies work to maintain roads and remove debris quickly. Caltrans is typically responsible for maintaining state highways. You can report debris through their website or hotline.
Keeping roads safe is a shared responsibility. Agencies must act quickly when dangerous conditions are reported, but they are not always liable unless they knew or should have known about the issue.
Drivers can also take steps to protect themselves:
According to the National Highway Traffic Safety Administration, more than 17,000 people are injured each year due to debris-related crashes, many of which involve unsecured loads.
At The Barnes Firm, we’ve helped many people in San Diego deal with road debris accidents. These cases often involve multiple parties, complex insurance issues, and the need for timely investigation.
We take the time to listen and understand your situation. If you choose to contact us, we can help you:
Our goal is to help you move forward after an accident.
Understanding your legal rights after a car accident caused by road debris in San Diego can make all the difference. These incidents often come with sudden expenses, confusion about insurance claims, and uncertainty about who is at fault. The experienced attorneys at The Barnes Firm provide trusted guidance to help individuals through these difficult moments. Reach out today to explore your legal options and see how we may be able to assist with your claim. Contact us at (800) 800-0000.
Written by The Barnes Firm, reviewed by Richard Barnes
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Rich Barnes
President
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney president Rich Barnes who has more than 30+ years of legal experience as a practicing personal injury trial attorney.
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