Who is Responsible for Road Debris?

A 37-year-old Loris man died in a three-vehicle accident on May 19.

trucking-accidentsAccording to witnesses, a truck pulling a trailer and metal was traveling south on Highway 45 that Monday afternoon when a piece of metal fell off the trailer.  The debris hit another truck that was traveling in the northbound lane, then bounced back into the southbound lane and struck the Loris man’s vehicle.

Rudy Shelley, a well-known local man with a wife and several children, was declared dead at the scene of the three-car pileup. The investigation into the crash is still pending. So far, South Carolina Highway Patrol has confirmed that the truck driver will be charged with spilling a load.

Residents living along Highway 45 claim that scrap metal debris is a daily concern. The pieces can range anywhere from small metal parts to entire bumpers or fenders. This trash problem could cause major issues for motorists. By either trying to avoid the trash or running over it, drivers risk damaging their own vehicles and losing control.

Who is Liable for My Car Accident If It Was Caused by Road Debris?

In a case where an accident was caused by debris or hazardous road conditions, the case often hinges on who is considered “negligent”.  If the accident is caused by the state of the road (i.e. potholes or loose gravel), an injured motorist could bring a claim against the government for failing to adequately maintain the road.

Road debris can also be the result of a private party’s negligence. In these cases, the truck driver has a duty to all the other drivers on the road to transport his cargo safely. By failing to do so, he could be found liable for the fatal crash.

Call Proffitt & Cox, LLC to discuss any concerns you may have about your car accident. We can help you navigate the law and lay out your options. Together, we can hold reckless drivers accountable and keep the road safe for South Carolina drivers.

[Did You Know: In North America, vehicle-related road debris causes an estimated 25,000 crashes per year.]

Proffitt & Cox, LLP- Columbia injury lawyer

Source: http://www.wmbfnews.com/story/25555153/fatal-accident-near-loris-blocks-hwy-45-at-hwy-19



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