In Texas, the warmer months bring beautiful weather but are also the start of both tourist season and construction season. Visitors add more drivers to our already congested highways and roads, and construction areas slow everyone down. When there are accidents caused by debris in the road, liability can be challenging.
Determining whether another party is to blame for damage to your vehicle or even injuries in a crash can be very complicated. It takes guidance from a skilled Houston car accident lawyer to manage claims resulting from road debris accidents. Who’s at fault under Texas law can vary widely, so let’s examine what you need to know.
How Common Are Road Debris Accidents in Texas?
According to the AAA Foundation for Traffic Safety, 9,805 people were injured and 125 people were killed annually in debris accidents from 2011 through 2014. The majority of these wrecks occurred on highways, and were especially deadly due to the high volume of traffic and higher speeds. Unfortunately, obtaining compensation for injuries caused in these crashes can be complicated due to the potential liable parties.
A 2017 study from the Texas A&M Transportation Institute examined ways to measure the number of accidents resulting from tire debris. Researchers estimated that Texas roads generated between 10.27 and 13.94 pounds of tire debris alone each week.
Common Causes of Road Debris Crashes
According to the Texas Department of Transportation’s report on Crash Contributing Factors in 2023, as many as 10,913 accidents happened due to road debris. This included domestic and wild animals on the road, as well as unsecured loads on both rural and urban roads.
Drivers may swerve to avoid debris, sideswiping other vehicles, or hitting a barrier. Common causes of these accidents include
Unsecured Loads
When car and truck drivers fail to secure their loads, the load can spill onto the road or fly right into the windshield of a nearby vehicle. Individuals who are moving to a new home are often unfamiliar with how to prevent their belongings from falling off a pickup or trailer. If they lose a mattress from the top of their vehicle and it hits your car, you could be blinded long enough to crash.
If your car accident attorney can identify the person who lost the mattress, you may be able to file an insurance claim against their auto policy to recover compensation for your damages. Keep in mind that Texas only requires a minimum amount of liability insurance, worth $30,000 for bodily injury ($60,000 per accident for all persons) and $25,000 for property damage. Hitting other vehicles or a concrete barrier could result in substantial medical costs, including lost wages while you heal.
Road Maintenance
Local governmental agencies, such as the City of Houston and Harris County, are responsible for keeping roads and highways clear of debris left by other motorists or road construction crews. This includes removing animal carcasses, such as possums, armadillos, deer, and domestic pets.
Under the Texas Tort Claims Act, you can file a personal injury claim against a government agency, but you must notify them of your intent to do so within six months of the incident. These claims are often more complicated and require experienced legal representation to ensure your case is strong enough to demonstrate the agency’s negligence persuasively.
Road Construction
During road repair projects, travel lanes may temporarily be unsafe with cracks and potholes that pose dangers to drivers. In addition, the repair company’s employees may leave construction materials and debris in the path of vehicles. These can cause accidents when drivers must swerve to avoid the obstacle.
In some instances, the local government may not be alone in its liability for your crash. Your car accident lawyer will investigate and determine whether multiple parties are to blame and responsible for your compensation.
Lack of Vehicle Maintenance
When motorists do not keep their passenger vehicles and commercial trucks properly maintained, the tires can blow out, leaving tire rubber strewn across the road. Truck drivers and trucking companies have a tremendous duty to other motorists to keep their equipment in working order.
They must maintain proper tire pressure and wear, change out tires, and take care in hot weather to limit stress. Since these tires are so much larger than passenger tires, you are likely to suffer more injury if you hit one or swerve to avoid it. If your car accident lawyer finds evidence that another driver was operating their vehicle that needed important repairs, which contributed to your crash, you may have the right to file a claim.
Potholes
Another concern when traveling on Texas roads is the prevalence of potholes. Governmental agencies are responsible for repairing any potholes, large cracks, and other defects in roadways that can lead to automobile accidents. When they fail to do so, an accident is the likely result.
The City of Houston provides an online form for reporting potholes, and prides itself on repairing 98.90% of citizen-reported potholes by the next business day. As of April 2025, the City had repaired over 17,300 potholes across the Houston metro area. Despite these efforts, hitting a pothole can send you into a barricade or other vehicles, causing serious injuries.
Who Is Liable in a Debris Auto Wreck?
It can be difficult to determine liable parties in a car accident caused by debris on the roadway or road defects. So many factors can be in play, and your attorney will collect evidence to determine who’s to blame. Here are some potential liable parties in road debris accidents:
- A private party: A passenger vehicle driver or truck driver could be liable if improper loading caused a load to fall onto a road or highway. However, sometimes drivers do not realize that their load has fallen or do not care and just drive away. Determining the identity of the party may be challenging in this situation.
- A company: The trucking company must maintain its fleet of vehicles in order to avoid accidents. Likewise, cargo loaders and distributors must ensure they balance the freight and secure it so it doesn’t fall off during transport.
- Governmental entity: A governmental entity may have breached its duty to provide adequate road maintenance or to keep road construction areas debris-free. However, there are special notice requirements that you must follow, and the time limits for filing a claim are often shorter than for other defendants.
- A construction company: Often, construction companies are hired to perform some roadway construction jobs by local or state government agencies. Texas allows public-private partnerships with private contractors who could be held accountable if their negligence causes a car accident.
Your Houston car accident attorney can request video from traffic cameras to assist in finding out who’s to blame. They can also seek additional evidence to build a powerful case showing what happened. However, you can also begin gathering material to help your case right after the crash.
Gather Evidence at the Scene to Strengthen Your Case
Although a road debris accident often happens in the blink of an eye, there are some things you can do to support a negligence claim against those at fault. Your first duty is to call 911 and get any medical attention you need if you’re injured. Move your vehicle and yourself to safety out of traffic, then do the following:
- Take photos: Pictures right after the crash tell an important story about traffic, road, weather, and other conditions that may have contributed to the accident. Photos can show the debris’s position on the road, damage to your vehicle, and your injuries.
- Save your dashcam video: If you have a dashcam device, save the video showing the moments before your accident. If there are witnesses who stop to help, ask them for any dashcam footage they may have.
- Collect witness contact info: Ask witnesses for their contact details so your attorney can interview them later during your case.
- Tell police what happened: Calling 911 allows you to involve local police or sheriffs to examine the scene and file a police report, which can be useful in your claim.
- Notify your insurance company: Call or file a claim online with your insurance provider, telling them just the basic facts.
- Speak with a car accident lawyer: Arrange a free case review with a qualified attorney who can assess the strength of your claim and suggest how to proceed.
Share your evidence with your lawyer, who will return to the scene and collect additional materials. You can also include your medical records, a written account of what happened, car repair estimates, and projected treatment costs. By compiling this documentation, your attorney can calculate the full value of your claim.
Proportionate Responsibility Can Benefit Your Road Debris Case in Texas
The proportionate responsibility statute in Texas allows you to seek compensation from multiple at-fault parties, which can be helpful in road debris accident claims. For example, suppose a passenger car swerved in front of an 18-wheeler, causing the truck driver to slam on their brakes. The sudden braking blew out a truck tire, which landed in your path, leading to serious injuries when you hit a guardrail trying to avoid the debris.
In this instance, you could potentially bring a claim against the negligent driver who cut off the tractor-trailer and the trucking company that didn’t maintain the truck’s tires. However, insurance companies and other drivers may fight to claim you were partly to blame under this law, so you need an experienced legal advocate who will fight back against these arguments.
Attorney Steve Lee Can Skillfully Manage Your Road Debris Accident Claim
You need the assistance of an experienced car accident attorney to determine who is responsible for compensating you following a debris wreck. Negotiating a fair settlement takes critical skills to prevent insurance companies from taking advantage of you and offering too little.
Resolving a claim with a governmental agency can be especially challenging. Attorney Steve Lee is here to help. Start an online chat to schedule your free consultation to discuss your options for compensation and to get your questions answered.