Collisions with road users, such as cyclists, pedestrians, and motorists, aren't the only causes of car accidents. Colliding with road debris, such as rocks, can also result in a serious accident. Unfortunately, getting compensation for these kinds of accidents isn't easy due to several complications, such as:
Identifying the Responsible Party
The first complication is the difficulty of identifying the negligent party. Roads do not normally have debris, which means somebody or something must have introduced the debris on the road. If it is something, such as a landslide, then it's the government's responsibility to clear the road. This means the government may be negligent if it fails in this responsibility.
Knowing when the government is responsible for road debris may be difficult, but it's even more difficult if it's a private party. People don't usually hang around after they have seriously littered the road. For example, a truck transporting quarry rocks may litter the road and cause an accident, but it may be long gone by the time you hit the rocks.
Knowing when the government is responsible for road debris is usually easier than getting it to compensate your damages. This is because of sovereign immunity, which protects government entities from lawsuits arising out of the entities' negligence.
Even if sovereign immunity doesn't apply in your case and you are allowed to sue the government, you still can't proceed with your claim as you would against a private party. Most states have strict procedures for making injury claims against government entities. For example, the statute of limitations (the period within which you must instigate your lawsuit) is usually short in cases involving government entities.
Act Of God as Cause of Accident
Acts of God are caused exclusively by nature without any involvement or interference by humans. Examples include earthquakes, tornadoes, and lightning. Pursuing such claims is difficult because there isn't a negligent party to pay for the damages; you can't sue nature. You will have to rely on your insurance coverage for the compensation. Unfortunately, even this compensation will only be forthcoming if you have comprehensive coverage, and it may have a limit lower than your total damages.
These kinds of situations are handled on a case by case basis. In most cases, the insurer may dither with your compensation, and it will be up to you to prove your entitlement. Consult an auto accident lawyer to help you pursue the claim if you suspect it's a complicated case.Share