Who's responsible for debris that injures you on the freeway?


You see it time and time again. Debris that has been left on freeways and usually just pushed to the shoulder. 

What makes Debris on the freeway so dangerous is the rate of speed that you are driving. It gives you little time to react to what's on the road. 

If you happen to hit some debris, and you are injured, what happens? Who's responsible for it? 

In Arizona, Arizona Revised Statute, §28-1098 states:

1.  A person shall not drive or move a vehicle on a highway unless the vehicle is 
constructed or loaded in a manner to prevent any of its load from dropping, sifting, leaking or otherwise escaping from the vehicle.

2.  A person shall not operate a vehicle on a highway with a load unless the load and any covering on the load are securely fastened in a manner to prevent the covering or load from becoming loose, detached or in any manners a hazard to other users of the highway.

That means if you are injured due to highway debris, you must prove that it came from a specific vehicle. In some instances, proof is needed to show that the responsible vehicle was negligent in some manner.

If you cannot locate the responsible party of the Debris, you may be able to state a claim with their own insurance company under the Uninsured Motorist Coverage. 

Witnesses are also key. It's possible that freeway debris was caused in any number of ways and can be hard to locate the origin of it. 

Having an experienced personal injury attorney will come in handy in this situation. There are many variables involved and without the right procedures, something may be left out which could make all the difference in your case. Make sure you know your rights.