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Who is responsible when you hit debris on the freeway and causes an accident?
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Who is responsible when you hit debris on the freeway and causes an accident?

first off i have full coverage ,my brother borrowed my car to go to work the other day ,he was on the 405 sb near the 118 in the carpool lane when he noticed there was something in his lane that was unavoidable he said it looked like a deer,the police later said it was a piece of carpet and fiberglass ,he attempted to stop the car in hopes that he wouldnt hit it and by that time it had gotten caught in the wheelwell and spun the car hitting the median wall ,when this happened the car was now facing on coming traffic and cars were barely missing him until a speeding truck came along and finished off the car ,as a result of the truck hitting my car he had lost his wheel and the truck didnt come to a complete stop until about 1/4 mile past ,in the end it ended up being a 6 car collision ...we went down there a little later and found that 3 of the freeway lights are/were burned out right where the debis was in the road .Im just curious as to who is responsible for the debris and i personally think the lights being out may have played a factor in the end results ....my lovely insurance adjuster refuses to take any of the conditions into account and says that he should have been goin slow on the freeway because of the conditions , he was doing the speed limit there was no rain nor fog . the accident was at 4:30 a.m. i may be ignorant to the laws as far as going slow on the freeway but couldnt going slow cause accidents on the freeway as well ??? anyway can anyone help?


    




inkjax
Rating
YOU NEED A LAWYER ! cal trans will NEVER ADMIT FAULT for anything. i know this from experience !! if your report shows an object in the road causing the driver to take avasive action, you need to show it to the judge ! the freeway over head lights being out is something YOU will have to prove as well. the report should have stated that as well. they will always fall back on the fact that your brother was not alert enough to avoid the accident and, you'll have to prove otherwise. since the court will not have the time or want to hear you talk --at all, you will need a lawyer to be your "mouth piece" that is the ONLY WAY the courts will hear what you have to say !! they dont care who you are , what you say or what you do, unless you're an attorney. you will be trying to prove that the state (cal trans ) was at fault for improper lighting and failure to keep the road way clean causing an accident. you will need a lawyer or just drop it now and take your lumps.. the law is NOT on your side when it comes to stuff like this. YOU have to prove everything ! this is a real tough nut to crack and it wont be cheap if you lose the case. talk to an attorney before you give up and see if you have a chance to collect from the state. don't count on alot of encouraging answers unless the report is complete and has the info that you're stating was true , is on the report to confirm your claims.


jtexas
answer your question, the debris owner is responsible.

what difference does it make what the adjuster thinks about his speed? It's covered anyway, right?

Or do you mean, they won't follow through with trying to recover from the highway dept. for dim lighting?

Surely the adjuster isn't claiming responsibility for any of the other cars, who were clearly going to fast if they couldn't avoid your brother?

You might want to speak with a lawyer about getting some representation for your own interests, apart from the insurance company's.


thud.fan
Rating
One. I hope that your brother is covered by your insurance. This is similar to something I went through several years ago. I was driving a practically brand new van conversion airport shuttle with less than 2k miles on it. Had a passenger on board going from Bob Hope Airport in Burbank to Arcadia. At that time, it was 55 max on the freeways and I was maybe a little slower because I was still getting used to handling a custom-made heavy vehicle. On a well-lit portion of the 134 in Glendale, I saw a large square something in my lane that turned out to be a mattress. With the weight of the vehicle and the speed I had plus traffic, I could not maneuver. I hit the thing about in the middle. It stuck underneath and I eased over to the shoulder. My boss brought another van for me to take my passenger home. While I was doing that, the draft created by passing traffic caused the mattress to smolder and then catch fire. The van was destroyed. The mattress was in contact with the catalytic converter, which gets very hot. Insurance covered the loss. Had I recognized the threat a second or two earlier could I have been able to avoid it? Maybe. Who's to know? Not too profitable to think about the 'what ifs.' In your case the adage applies - don't drive faster than the safe stopping distance you can see in your headlights. It all comes down to paying attention to what's in front of us. And that is so hard to do sometimes because mostly there is nothing really to look at. Everything looks the same. Throw in a little sleepiness, changing a radio station and add some darkness. Then any obstacle in the way becomes very large.

BTW - your insurance guy might want to look at the rules of the road.


bungee
your ins. should cover it without question. as to blame how can you find the vehicle this stuff came from. Is the highway dept. able to pick up clutter as soon as it hits the road. It is an accident contact your state insurance dept. about your ins. co. this is the stuff ins. co's do that makes people hate them<


UCANTCME
Rating
From reading your story it was an accident and your insurance should cover everything as long as your insurance will cover your brother driving your car and as for who to blame........nobody remember that you cant get blood from a rock..





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