Expert: Bennie719 - 8/27/2008

Question
On Aug 26, I was driving on Highway 87 north. The traffic was flowing at the speed limit ( approximately 60-65 miles). Suddenly the car in front of me switched to one lane to the right. Then I noticed a big tire lying in the middle of my lane. There were cars behind in my lane and in the lane to the right at speed limit. I considered my options:
I could not stop or slow down the car from behind would have collided; could not switch to lane on the right as there was no safe clearance; I could not drive straight on the tire as the tire was too big and car would have gone out of control; luckily there was some room to left of the lane but not for my car width. I controlled my car while hitting the tire (on the road ) on the west edge. I managed to avoid any collision or injuries. However, my car suffered some body damage due to the impact. Is some one liable for this situation -- city or highway administration for this hazard, I do not know who dropped the big tire in the middle of the freeway.
I do feel lucky that I only suffered this much damage. During the day, it has given me chills many times as I realize that I came close to a serious situation.
Your guidance will be appreciated.  
me at speed limit

Answer
Hi Arjun,
Anytime that you hit an object laying on the roadway, it is considered a collision, you are considered 100% at fault and your collision deductible applies toward repairing the car.

Every state has a law that requires you to operate your car in such a manner as to be able to bring it under control, irregardless of what unforeseen incident happens on the roadway ahead.

You would have a legal right of full recovery if you knew the identity of the person that dropped the tire.

I hope that you find this information to be helpful.
Your feedback by rating my question will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area