Who’s Liable If You Hit Debris on the Highway in Alaska?

Driving in Alaska can be unpredictable. From icy roads to wildlife crossings, drivers already face more than their fair share of hazards. But one danger that’s often overlooked until it happens is road debris, anything from tire treads to fallen cargo or loose gravel that can cause serious accidents. When debris in the road leads to a crash, the next question is: who’s responsible for the damage and injuries?

Determining liability in a debris-related accident can be complex. It depends on where the debris came from, who left it there, and whether any party failed in their duty to keep the roads safe. Below, we’ll break down the key factors that determine who might be held responsible when road debris causes a collision in Alaska.

Common Sources of Road Debris in Alaska

Alaska’s vast and rugged terrain means debris can come from a variety of sources. Understanding where it originated helps determine liability. Some of the most common causes include:

• Unsecured loads from trucks or trailers – Loose cargo, building materials, or trash can fly off vehicles and cause sudden obstacles for other drivers.
• Tire blowouts – Shredded tire treads from commercial trucks often litter highways and can create dangerous obstacles at high speeds.
• Vehicle parts – Loose bumpers, mufflers, or hubcaps that fall off can cause drivers to swerve or crash.
• Construction materials or equipment – Poorly maintained work zones sometimes leave debris or tools on the roadway.
• Natural hazards – Falling rocks, branches, or ice chunks are also common in Alaska’s more remote areas.

While not every situation involves negligence, many debris-related accidents can be traced back to a responsible party who failed to take proper precautions.

When Another Driver or Trucking Company Is at Fault

One of the most common scenarios involves debris that falls from another vehicle, especially commercial trucks. Federal and state regulations require all loads to be properly secured before transport. If a trucking company fails to do so and debris from their truck causes an accident, they may be legally liable for the resulting damages.

Even individual drivers can be held responsible. For example, if someone fails to tie down furniture, tools, or other items in the back of a pickup truck, and those items fall into the road, that driver could be held accountable for any crash that follows. In these cases, it’s often necessary to prove that the driver acted negligently or violated a safety rule.

If you were injured because another driver failed to secure their load, our experienced personal injury attorneys can investigate your case and work to hold the responsible party accountable.

When the Government Might Be Liable

In some cases, the State of Alaska or a local municipality may be responsible for an accident caused by road debris. Government agencies have a duty to maintain reasonably safe roads and to remove hazardous debris in a timely manner once they are aware of it. If debris remains on the road for an extended period or if a maintenance crew fails to address a known hazard, the state or municipality could share in the liability.

However, pursuing a claim against a government entity is more complicated than suing a private individual or company. Alaska law requires special notice procedures and tight deadlines for filing claims. Victims typically have only a short window to submit a claim to the appropriate agency, and missing that deadline can forfeit your right to compensation. For that reason, it’s important to speak with a personal injury attorney as soon as possible after the crash.

When No One Can Be Identified

Sometimes, the driver or vehicle that dropped the debris cannot be identified, especially if the debris came from a passing truck that kept driving. In these “phantom driver” situations, it may seem like there’s no one to hold accountable, but you could still have options for recovery.

In Alaska, your own uninsured/underinsured motorist coverage may provide compensation if another driver caused the debris-related crash but fled the scene or cannot be found. Collision coverage may also help pay for vehicle repairs. Even if the responsible party remains unknown, an attorney can help you explore all available insurance options to make sure you’re not left covering the costs alone.

It’s also helpful to gather as much evidence as possible after the accident. Photos of the debris, witness statements, and any available dashcam footage can all help support your claim and establish how the crash occurred.

How an Attorney Can Help After a Road Debris Accident

After a debris-related crash, figuring out who’s responsible is rarely straightforward. You may be dealing with multiple parties, limited evidence, and insurance companies that are quick to deny coverage. That’s why having a skilled attorney on your side can make all the difference.

A personal injury lawyer can:

• Investigate the source of the debris and identify potential liable parties.
• Gather evidence such as police reports, traffic camera footage, and witness statements.
• Handle communication with insurance companies and negotiate fair compensation.
• Ensure compliance with Alaska’s strict claim filing requirements, especially in cases involving government negligence.

Even in cases where fault seems unclear, an attorney can uncover evidence that strengthens your case and helps you recover for your medical expenses, property damage, and other losses.

We Can Help You Recover After a Debris-Related Accident

Being injured by debris on the highway is a frightening and frustrating experience, but you don’t have to handle the aftermath alone. At the Law Offices of Curtis W. Martin, we help Alaskans hold negligent drivers, trucking companies, and other parties accountable when unsafe conditions lead to serious crashes. If you or a loved one were injured in a debris-related accident, contact us today. We’ll review your case, explain your legal options, and fight to recover the compensation you deserve.