Who Is Responsible for Road Debris Damage in Arizona?

Road debris can turn an ordinary drive into a costly headache in seconds. Whether it’s a loose tire tread on the freeway or a rock kicked up by another vehicle, figuring out who’s responsible and whether your insurance will cover the damage can be tricky. Don’t worry, though! We’re breaking down what you should do after road debris damage and how to boost your chances of getting your repair costs covered.

What Is Road Debris?

Road debris includes any object or material on the road that doesn’t belong there, posing a risk to drivers. In Arizona, debris often comes from unsecured loads, worn-out tires, or natural elements, like rocks dislodged from desert landscapes. They can appear unexpectedly, often causing damage or even accidents. Some of the most common types include:

Vehicle Parts: Tire treads, bumpers, and other components that break off from vehicles are frequent hazards on highways. Blown-out tires, especially from commercial trucks, can cause significant damage if hit at high speeds.
Cargo Spills: Items like furniture, tools, and construction materials can fall from trucks or trailers when improperly secured. Hitting or swerving to avoid these objects can lead to collisions.
Loose Gravel and Rocks: Common in Arizona’s desert landscape, rocks can get kicked up by other vehicles, chipping windshields or damaging paint. Gravel scattered near construction zones can reduce traction, increasing the risk of accidents.
Natural Debris: Tree branches, tumbleweeds, and other natural elements can obstruct lanes, especially during storms or high winds. Even a small branch can cause drivers to swerve or lose control.
Litter and Trash: Plastic bags, cardboard boxes, and other trash might seem harmless, but they can obstruct a driver’s view or get caught under a vehicle, causing mechanical issues.

Spotting these common types of debris can help you stay sharp behind the wheel and avoid damage. But if the damage has already happened, the next step is figuring out whether it’s always the driver’s fault or who else might be responsible.

Is Hitting Road Debris an At-Fault Accident?

Hitting road debris isn’t always considered an at-fault accident, but it depends on the circumstances. As we’ve mentioned, insurance companies classify debris-related accidents in two ways:

Debris that strikes your vehicle; and
Debris you hit on the road.

If debris falls from another vehicle and hits your car, you’re usually not at fault.

However, hitting debris already lying on the road may be considered a collision, which could make you partially or fully at fault. This is often named as “Left roadway”. This typically applies when a driver swerves to avoid debris, another vehicle, or a hazard and ends up hitting an object, rolling over, or driving off the road. Insurance companies often classify these incidents as at-fault because they involve losing control of the vehicle.

For example, if you had enough time to avoid the debris safely but didn’t, you may be considered partially responsible. But if the debris appeared suddenly and you had no chance to react, you might not be at fault, while the party responsible for the debris may be held liable.

Who Is Responsible and Pays for Road Debris Damage in Arizona?

Responsibility for road debris damage in Arizona depends on where the debris came from, and whether the responsible party can be identified. Under Arizona Revised Statutes §28-1098, drivers must secure their loads to prevent debris from falling onto the road. If debris falls from another vehicle—commercial or not—and causes damage, that driver or their insurance is responsible. Violating this law can lead to liability.

However, if you can’t identify the source, your insurance coverage becomes crucial. Comprehensive insurance typically covers damage from flying debris, like a rock hitting your windshield, while collision insurance applies if you hit debris lying on the road. Without these coverages, you may have to pay out of pocket. If poor road maintenance caused the debris, you may be able to file a claim against the responsible government agency, though strict deadlines apply.

Here are some common scenarios where different parties’ liability may apply:

Possible Debris Damage Examples and Who’s Liable

Debris in the Roadway Causes Damage
If the debris came from a specific vehicle, that driver is liable. Drivers must secure their loads to prevent items from falling onto the road. For example, if a mattress or toolbox falls from a pickup truck, the driver is responsible for any damage it causes.
If Something Falls Off a Truck and Hits Your Car
The driver or trucking company is liable. For example, if a ladder or tire tread falls off a truck and hits your car, you can file a claim with their insurance. Federal regulations (FMCSA Cargo Securement Rules) require trucking companies to secure all cargo.
Road Construction Damages Your Car
Loose gravel, tools, or leftover materials from construction zones can damage vehicles. If contractors fail to maintain a safe roadway, they may be responsible for the resulting damage.
Government Agencies
Poor road maintenance, such as fallen branches or potholes, can lead to accidents. Filing a claim against a government agency involves strict deadlines, typically within 180 days of the incident. If the government oversees the project, you must file a claim within 180 days.
Unspecified Debris on a Freeway, Highway, or Roadway Damages Your Car
If the debris can be traced to a specific vehicle, that driver is responsible. Otherwise, comprehensive insurance typically covers flying debris, while collision coverage applies if you hit debris already on the road.

Whether you hit debris or swerved to avoid it, collecting evidence and reporting the accident quickly can strengthen your claim and help you get compensated for your damages.

What Compensation Can I Receive From a Road Debris Accident?

If a road debris accident damages your vehicle or causes injuries, you may be entitled to compensation for both financial and personal losses. This typically includes the cost of vehicle repairs or replacement, medical expenses for any injuries, and lost income if you miss work. If the accident causes long-term injuries, you may also seek compensation for ongoing medical care, rehabilitation, and reduced earning capacity. Non-economic damages, such as pain and suffering, emotional distress, and diminished quality of life, may apply if the accident significantly impacts your daily life.

In Arizona, compensation depends on proving that another party we’ve discussed—such as a negligent driver, trucking company, construction contractor, or government agency—was responsible for the debris. Under the state’s pure comparative negligence system, your compensation may be reduced if you’re found partially at fault. That’s why gathering evidence like dashcam footage, witness statements, and police reports can help strengthen your case and maximize your compensation.

Does a Car Warranty Cover Damage From Road Debris?

Car warranties generally don’t cover damage caused by road debris. Most warranties only cover defects in materials or workmanship, not external damage. For example, if gravel from a construction site cracks your windshield or dents your hood, your warranty won’t cover repairs. However, if debris causes mechanical damage, such as damaging the engine or suspension, your warranty might cover repairs if the impact leads to a covered component failure. Always check your warranty terms, but in most cases, comprehensive or collision insurance is your best option for covering road debris damage.

What to Do if Debris Hits Your Car and How to Report It

If debris hits your car, acting quickly can improve your chances of getting compensation. First, pull over to a safe location and check for damage. Document the scene with photos of your vehicle and the debris, if possible. If the debris came from another vehicle, note its license plate number, description, and direction of travel. Dashcam footage can be crucial for proving what happened. Gather contact information from any witnesses who saw the incident.

Call the police to see if the damage is significant or if another driver is involved. A police report can strengthen your insurance claim. Even if you can’t identify the source of the debris, report the incident to your insurance company promptly. A car accident attorney can help you navigate the process and pursue the compensation you deserve.

If the debris is still on the road and poses a hazard to other drivers, report it to the appropriate authority. For highways and interstates in Arizona, contact the Arizona Department of Transportation (ADOT), or use their online reporting system. For local roads, call the city’s public works department or non-emergency police line. When reporting debris, provide details like the type of debris, location, and direction of travel. Quick reporting not only prevents further accidents but can also strengthen your case if the debris resulted from poor road maintenance or unsecured cargo.

How Our Lawyers Can Help With a Road Debris Insurance Claim

Dealing with an insurance claim after a road debris accident can be frustrating, especially if the insurer disputes liability or coverage. Our lawyers know how to navigate these challenges and fight for the compensation you deserve. We’ll investigate the incident, gather evidence like dashcam footage and police reports, and identify the responsible party—whether it’s another driver, a trucking company, or a government agency.

If the source of the debris is unknown, we can help you prove that the accident was unavoidable, reducing the risk of your claim being classified as at fault. Our Phoenix car accident lawyers will also handle communication with the insurance companies, ensuring they don’t undervalue your claim or deny coverage unfairly. If necessary, we’re prepared to negotiate aggressively or take your case to court to secure compensation for vehicle repairs, medical expenses, lost income, and other damages. Contact us today for a free consultation and let us help you get back on the road with confidence.

Sources:

Arizona Revised Statutes §28-1098 – https://www.azleg.gov/ars/28/01098.htm
FMCSA Cargo Securement Rules – https://www.fmcsa.dot.gov/regulations/cargo-securement/cargo-securement-rules
Arizona Department of Transportation – https://azdot.gov/home