[ossiblue]

Just want to add a twist to this because I've seen it happen more than once.

We all agree that road debris that is kicked up and causes damage is not the fault of the vehicle that causes it and the insurance companies agree. However, I have witnessed, several times, situations like this:

On the I-5 and I-405 there are car pool lanes that, in places, are separated from the regular traffic lanes by painted "islands" that are 10-20 feet wide--as wide as two traffic lanes. One of these wide areas is where the carpool lane approaches a flyover. As expected this "dead" area between the painted double lines of the island accumulate lots of debris--not necessarily visible debris, but bits and pieces of dirt, rocks, and gravel. When I've witnessed drivers illegal leave or enter the carpool lane by crossing the islands, there is always a visible cloud of dust/debris kicked up. So my question is, should this happen and your car is damaged by the illegal actions of the driver, is this still considered a "road hazard" or do we now have a liability issue for the vehicle which kicked up the debris?