Road debris accidents are among the most unpredictable and frustrating types of collisions. One moment you’re driving safely, and the next, a piece of cargo, a tire tread, or a fallen tree limb forces you into a dangerous maneuver or worse, a crash. Determining fault in an accident that involves road debris isn’t always straightforward. Insurance companies may point fingers, and liability can shift depending on visibility, driver behavior, and even government negligence.
If you’ve been involved in a debris-related crash in South Carolina, understanding how fault is assessed can help protect your rights and your recovery.
What Counts as Road Debris
Road debris includes any object or material on the roadway that doesn’t belong there. It can come from other vehicles, nearby construction, or deteriorating infrastructure. Common examples include:
- Tire treads from blowouts
- Vehicle parts such as bumpers or mufflers
- Loose cargo falling from trucks
- Tree branches or fallen objects after storms
- Construction materials left behind on the road
These hazards often occur when a vehicle’s load isn’t properly secured or when roads aren’t maintained and cleared promptly. Whether the debris originated from another vehicle, the environment, or a construction project, identifying its source is the first critical step in determining legal responsibility.
How Does Road Debris Cause Accidents?
Road debris can cause accidents in two main ways:
Direct collisions
When a driver strikes debris before having time to react. This can cause tire blowouts, undercarriage damage, or a total loss of control.
Evasive maneuvers
When drivers swerve to avoid debris, it can lead to rollovers, sideswipes, or multi-vehicle crashes.
In both cases, determining fault depends on whether the hazard was foreseeable, avoidable and whether those responsible took proper steps to prevent or remove it.
Who Can Be Held Liable for a Road Debris Accident in South Carolina
Multiple parties can share fault for debris-related collisions under South Carolina’s negligence laws.
Other Drivers or Trucking Companies
When cargo or equipment falls from a vehicle, the driver and possibly their employer can be held liable for failing to secure the load safely, as required by federal regulations (49 C.F.R. § 392.9), which mandate proper cargo securement to prevent accidents and injuries.
Government Agencies or Contractors
If the debris originated from poor road maintenance, incomplete cleanup, or neglected construction materials, the South Carolina Department of Transportation (SCDOT) or a private contractor could be liable. Claims against government entities must comply with the South Carolina Tort Claims Act, which limits damages and sets strict notice and filing requirements.
Vehicle or Part Manufacturers
When debris results from a mechanical failure like a tire blowout caused by a defective design, manufacturers may face product liability claims under South Carolina’s strict liability statutes.
Because multiple parties may contribute to a single crash, establishing fault usually requires a thorough investigation, including photos, dash-cam footage, witness accounts, and police or highway maintenance reports.
When a Driver May Be at Fault for Hitting Road Debris
Not every debris-related accident is unavoidable. A driver can still be considered at fault if they were:
- Speeding or tailgating
- Distracted or using a phone
- Driving recklessly or failing to maintain a safe lookout
For example, if a driver hits debris that had been visible for several seconds in clear conditions, insurers may determine the incident was avoidable and assign fault accordingly.
However, if debris suddenly falls from a truck and the driver has no safe way to avoid it, the fault may rest with the person or company responsible for the fallen material.
Unavoidable vs. Avoidable Road Debris: Why It Matters
The distinction between avoidable and unavoidable debris is central to fault determination:
Unavoidable Debris
- Falls suddenly or is airborne (e.g., tire treads, loose cargo)
- Appears without warning and gives no time to react
- Comes directly from another moving vehicle
Drivers are typically not held responsible if they were driving safely and had no reasonable opportunity to avoid the hazard.
Avoidable Debris
- Stationary objects visible on the road for several seconds
- Hazards in well-lit, low-traffic areas
- Debris ignored due to inattention or reckless driving
In these cases, fault often falls on the driver who failed to avoid the obstacle safely.
How South Carolina’s Fault and Insurance Laws Affect These Claims
South Carolina follows a modified comparative negligence system. If you are 50% or less at fault, you can recover damages, reduced by your share. If you are 51% or more at fault, you recover nothing.
Insurance coverage also influences how debris-related accidents are handled:
- Collision coverage typically pays for vehicle repairs if you strike debris.
- Comprehensive coverage applies when debris hits your car (for example, flying cargo).
- Uninsured motorist (UM) coverage can apply if debris came from an unidentified vehicle that fled the scene.
If a commercial truck or identifiable vehicle caused the debris, its liability insurance may cover your losses.
Get Legal Help After a Road Debris Accident in South Carolina
If you’ve been injured or your car was damaged in a road debris accident, the situation may seem confusing. Whether debris came from another driver, a truck, or a construction project, you may still be entitled to compensation.
Contact Stewart Law Offices today for a free consultation. Our experienced car accident lawyer team can investigate your claim, preserve critical evidence, and help you pursue fair compensation under South Carolina law.
