Who is Responsible for Road Debris Damage in San Diego?

Responsibility for road debris damage in San Diego often falls on the driver of the vehicle from which the debris came, especially if an unsecured load caused the debris. However, government entities like Caltrans may also be liable if the debris was left on the roadway for an unreasonable amount of time or if poor road maintenance contributed to the hazard.

Determining who’s at fault isn’t always straightforward. Often, the debris source is unknown, or multiple parties may share liability. That’s where legal insight becomes essential. At The Barnes Firm, our experienced San Diego personal injury attorneys help investigate the cause, identify the responsible parties, and pursue the compensation you deserve. Our attorneys are committed to helping our clients get the best result possible, starting with answers you can trust.

What is Road Debris and Its Impact on Drivers

Road debris refers to any object or material found on the roadway that doesn’t belong there and poses a risk to drivers. The debris 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, causing more severe accidents. Staying alert and knowing the risks of road debris in these areas can help prevent serious crashes and injuries.

These situations are especially dangerous for motorcyclists, who are more vulnerable to injury when debris causes a crash. If you were injured in such an accident, speak with a knowledgeable motorcycle accident lawyer to understand your rights and legal options.

Legal Responsibility for Road Debris in California

Responsibility for road debris in California depends on how it got there and who controlled it. California Vehicle Code Section 23113(a) states that anyone who drops, dumps, or allows material to escape from their vehicle must remove it immediately or face liability.

General Liability for Road Hazards

When road debris comes from a vehicle—such as a loose mattress or unsecured load—the vehicle’s driver or owner 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 to your vehicle or injuries to you or your passengers.

Responsibility of Contractors and Construction Companies

Construction zones often generate debris, especially when work is done near active traffic lanes. Items such as 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.

The Role of Property Owners in Debris Hazards

Sometimes 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 cause an accident. If it’s proven that the property owner failed to maintain their land properly, they could be held liable.

How Insurance Works for Road Debris Damage in San Diego

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 hits 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.

What Happens If You Can’t Identify Who Caused the Road Debris?

When the source of road debris is unknown or the responsible driver is uninsured, getting compensation for your damages becomes more complicated. In these cases, you may be able to file a claim through your own insurance policy, particularly if you have purchased uninsured or underinsured motorist coverage. This coverage can help pay for vehicle damage, medical bills, and other losses when the at-fault party can’t be held accountable directly.

These claims are often disputed by insurers, who may try to limit or deny your compensation, but The Barnes Firm investigates all available options, helps you understand your policy, and handles the negotiations with your insurance company so you can focus on moving forward.

Determining Fault in Road Debris Accidents

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:

• Taking photos of the debris and the damage
• Filing a police report
• Looking for any nearby cameras or witnesses
• Reporting the debris to local authorities

In hit-and-run situations—such as when debris flies from a truck that keeps moving—getting a license plate number, vehicle description, or other identifying information is vital.

How to Report Road Debris on the Freeway in San Diego

Whether driving a car or riding a bike, when you spot dangerous debris on a San Diego freeway, it’s important to report it right away for your and others’ safety. Prompt reporting also can establish a record of the hazard, which may become valuable if you need to file a legal claim.

To report freeway debris in San Diego:

• Contact Caltrans via their online Customer Service Request system.
• Call the California Highway Patrol non-emergency line at 1-800-835-5247 or dial 911 if the debris poses an immediate danger to drivers.

When reporting, provide as much detail as possible, including the location, type of debris, and time it was spotted.

This documentation can be critical evidence in a road debris damage claim. At The Barnes Firm, our legal team uses this type of information, along with photos, repair estimates, and witness statements, to help build a strong case on your behalf. We know how to connect the dots between roadway hazards and liability, helping our clients get the best results. With offices across California, including right here in San Diego, we’re always ready to help when and where you need us most.

Prevention of Road Debris Hazards in San Diego

Local Road Maintenance Efforts in San Diego

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.

Driver Precautions to Avoid Road Debris Damage

Drivers also can take steps to protect themselves:

• Increase your following distance
• Avoid tailgating trucks or trailers with loose loads
• Stay alert on high-speed roads
• Report debris to 911 or local non-emergency numbers

According to the National Highway Traffic Safety Administration, more than 17,000 people are injured each year due to debris-related crashes. Most of these accidents involve unsecured loads.

How Our San Diego Car Accident Attorneys Can Help

At The Barnes Firm, we’ve helped many San Diego residents handle road debris accidents. These cases often involve multiple parties, complex insurance issues, and the need for timely investigation.

Our car accident attorneys take the time to listen and understand your situation. If you choose to contact us, we can help you:

• Review your legal options
• Understand who may be at fault
• Communicate with insurance companies
• Collect and review evidence

Our goal is to help you move forward after an accident.

Contact Our Knowledgeable Personal Injury Lawyers Today

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 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 injury claim. Contact us at (800) 800-0000.

Richard Barnes – President of The Barnes Firm

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