Who Pays for Damages After a Crash Caused by Swerving to Avoid Road Debris?

November 27, 2025

Dennis Hernandez

How Serious Is The Road Debris Problem In Florida?

Road debris risk is severe and results in horrific road accidents. Debris on roadways led to more than 200,000 police-reported crashes in the United States between 2011 and 2014, according to the A.A.A. Foundation for Traffic Safety. Those collisions led to about 39,000 injuries and more than 500 deaths. Not all debris-related crashes take place in Florida. However, the state’s busy highways, thousands of miles of roads, year-round good weather, and influxes of tourists increase the chances of road debris crash injury. This makes it a serious concern for both residents and visitors.

Collisions with debris aren’t mere annoyances, either. They can leave your car or truck in need of costly repairs and medical bills that are just as expensive. These accidents can result in life-altering injuries as well. Such victims will want to understand their rights and how liability is assessed. Dennis Hernandez Injury Attorneys has recouped millions and a great many dollars for accident victims. We understand the tradition of fighting for maximum compensation. We fight to get you paid!

What Types Of Debris Can Cause Road Debris Crash Injuries In Florida?

There are many reasons why a Florida road debris crash injury occurs. Some common examples include:

Car parts: Whether they are tires, mufflers or other parts, these can roll or slide into the road and cause a driver to lose control.
Tree branches or leaves: Storms and winds can tumble branches into roadways, surprising drivers.
Aggregate: Gravel or cones (or tools), left in work distance can be deadly, especially at night.
Personal property: People who failed to properly secure the furniture, coolers, luggage, etc. that just fell onto the highway causing your crash!

Different kinds of debris offer various visibility and reaction challenges for drivers. For instance, you’re much more likely to notice a great big tree limb than spread-out gravel. Nevertheless, it can be almost impossible to get out of the way. Such variations can have an impact on whether a driver’s evasion is regarded as reasonable in a secondary collision claim. This is especially true in cases of road debris crash injury Florida, where the state’s busy roads and frequent tourist traffic increase the risk of accidents.

When Can A Driver Be Held Liable For Avoiding Debris?

Every Florida driver has a duty to conduct himself in the operation of his vehicle consistent with that of an ordinary, prudent individual under like circumstances (see McCain v. Florida Power Corp., 593 So. 2d 500, Fla. 1992). This obligation involves maintaining a proper lookout for dangers such as debris. Failing to do so can contribute to a road debris crash injury Florida. When a motorist does not act like a careful person would in an identical or similar situation, the driver may be held legally negligent.

Negligence may be established if a driver:

Pulls into another lane without signaling.
Brakes suddenly where there was no reason for stopping with safer courses available.
Speeds up into a hazard rather than slowing down.

Slowing down gradually, or maneuvering to safely avoid debris, however, may be reasonable. Reasonableness is frequently measured according to road conditions, the weather, the lighting and how well the driver knew or should have known of the area.

What Is A Secondary Collision Accident Claim?

Another type of accident claim is a second collision case, where the driver avoids the first crash. Yet, they only manage to hit another vehicle. For instance, a driver who veers to avoid a tire in the road could instead crash into another car or strike a pedestrian or cyclist.

In such situations, the driver continues to be liable if their actions were careless or reckless. However, the driver can foresee whether the risk of a second accident will be unreasonable in light of the first danger.

How Does Comparative Negligence Affect These Cases In Florida?

Florida is a comparative negligence state pursuant to Fla. Stat. § 768.81. By doing so, liability is allocated to each party in a percentage of fault and recovery adjusted accordingly. If the driver is 40 percent at fault for a crash involving debris, then you would only be able to recover 60 percent of your damages.

Plaintiffs need to build a strong case in order to have their percentage of fault minimized. A police report, testimony from eyewitnesses and dash-cam videos help build a convincing case in court.

Why Should You Contact A Personal Injury Law Firm After A Debris Crash?

It is the dangerous feeling of going to a road debris crash injury Florida claim without knowing anything. What a Personal Injury Law Firm Can Do for You If you’re like many people, you don’t know where the source of your injury came from and someone else was at fault for causing it.

Explore where the debris comes from.
Determine who is at fault, be it the driver, the construction firm, or the municipality.
Collect vital evidence before it disappears.
Negotiate with insurers who want to blame others.

Our attorneys have proven time and again that we can obtain significant compensation for injury victims. We know how to maximize your recovery under the legal system in Florida. We fight to get you paid!

What Steps Should You Take Immediately After A Road Debris Crash?

If you have been in an accident that was caused by road debris, following these steps can ensure your safety and protect your legal rights:

Ensure safety: If possible, move vehicles out of traffic and check for injuries.
Contact the police: A police report can be important evidence.
Document the scene: Snap pictures of debris, damage to vehicle(s), skid marks, and any injuries.
Gather witnesses: Witnesses can verify your version of events.
Receive a Medical Evaluation: All injuries that occur should be reviewed and recorded, even the small ones.
Call a personal injury lawyer: A lawyer will be able to walk you through the process of filing a claim.

Can Other Parties Be Liable For Debris On The Road?

Yes. Whenever a driver is responsible for their own negligent reactions, there may be others who are responsible would could share the blame for depositing debris on roadways. Potentially liable parties include:

Construction companies that don’t run long enough to source materials.
Commercial truck operators who do not adequately prevent shifting and falling cargo (under 49 C.F.R. §393.100).
Municipal agencies who fail to keep roads hazard free.

In the aftermath of a secondary collision accident, it is important to account for all liable parties. This ensures maximum compensation.

What Damages Can You Recover In A Florida Road Debris Crash Injury Case?

In certain cases you may be eligible to receive compensation for:

Medical expenses (past and future)
More specifically, lost wages and decreased ability to earn a living.
Pain and suffering
Property damage
Rehabilitation and therapy costs

How much of your damages you recover will be largely influenced by the evidence that is entered at trial and how good a lawyer you have.

Final Thoughts

There’s no escaping road debris in most driving scenarios. Although drivers may have to react in an instant, they still have a legal obligation to use their best judgment. Drivers must behave reasonably so as to not hurt anyone else. Your personal injury case can be complicated on a Florida roadway. Issues regarding negligence, comparative fault, and second accidents involving your accident can arise. It’s the reason an experienced personal injury law firm is invaluable to you.

Millions and millions have been recovered by Dennis Hernandez Injury Attorneys for Florida clients. If you or someone you love has been injured as a result of a road debris crash in Florida, don’t call the insurance company alone. We fight to get you paid!