San Bernardino, CA asked in Criminal Law and Gov & Administrative Law for California

Q: Is it illegal to drive over road debris which causes that debris to hit another car?

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: More info is needed.

However, without intent to do so, I don't see exposure.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, it is illegal to operate a vehicle in a manner that endangers others or causes damage to property. If a driver drives over road debris and the debris causes damage to another vehicle or endangers other drivers, the driver may be cited for reckless driving, negligent driving, or other related offenses.

Under California Vehicle Code section 23103, reckless driving is defined as driving a vehicle on a highway "in willful or wanton disregard for the safety of persons or property." Negligent driving, which may also apply in certain situations, is defined as driving a vehicle in a careless or inattentive manner that endangers others.

Therefore, if a driver drives over road debris and that debris causes damage to another vehicle or endangers other drivers, the driver could be cited for reckless or negligent driving. If the damage is significant or causes injury to others, the driver could also be held liable for damages in a civil lawsuit.

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