Look, most of us have done it at one point or another.
You’re mowing the lawn and you blow grass onto the road.
But, did you ever consider that blowing grass clippings into the roadway may be a danger to motorcyclists?
It’s true, when considering the possible dangers, it may bring you to ask the question: is it illegal to blow grass into the road?
The answer may not be what you think it is.
Let’s take a look at the laws (if any), and real dangers of leaving lawn debris in the road…
Legal or Not, Blowing Grass in the Road is Dangerous
For starters, I am certainly not completely innocent here. When I was younger, I would often blow grass from the lawn mower directly into the road. Of course, this was before I understood the dangers of doing so. In fact, I thought it was fun.
In my defense, I was only 15. yet I was naively contributing to the dangers that motorcyclists face face on the road.
And, honestly, it is simply not something most people even think about. And it was certainly not something I was ever taught about.
So, to the question at hand…
Is it Illegal to Discharge Grass Clippings into the Roadway?
Not really, at least it’s not specifically due to the dangers presented to motorcyclists…
There is actually not really a cut and dry answer to the question, “Is it illegal to blow grass into the road?”.
I know, in the age of the internet, you would think it would be a simple answer, right?
Yet, the answer is just not that easy.
And this just goes to show how uninformed the general public is on the issue.
In Some States, it May be Illegal… Indirectly
Though no states specifically ban the practice of discharging all grass into the roadway, some do prohibit placing anything on the road that may cause a hazard to motorists.
Such as this Virginia State Law entitled 2006 Code of Virginia § 18.2-324
While it does not explicitly state that leaving grass in the roadway is an offence. The following statement could make it a crime to deposit grass in a way that could pose danger to a motorcyclist.
“Nor shall any person throw or deposit or cause to be deposited upon any highway any soil, sand, mud, gravel or other substances so as to create a hazard to the traveling public.”
But, the lack of explicitly stating that depositing grass in the road is illegal, leaves the law up to interpretation.
Discharging Grass Clippings On Roadway is Illegal for Environmental Reasons
Some cities, like the City of Davenport, Iowa, actually do ban blowing lawn clippings into the roadway. However, it is not due to motorcycle safety, it is actually part of their “Clean Water Act“. Other cities may have similar laws.
You see, in most cities and states, it is indeed illegal to place materials into the roadway in a manner that may be considered hazardous. Yet, very few, if any, states have laws which specifically ban launching grass on the motorway (I can’t find them, let me know if you do) .
Now, some websites claim that the practice of discharging grass in the roadway is illegal. Yet, upon further investigation, their statements appear to be based heavily on speculation. And there is not really any law, which I can find in any state, that specifically bans the practice of blowing grass into the roadway.
However, from a legal perspective: If you are blowing grass in the roadway, and a motorcyclist loses control, because of the grass you placed there. You may be held liable for your negligent actions. In which case, you may need to find a good lawyer.
Criminal Negligence and Grass Clippings in the Roadway:
Though there appears to be a lack of laws governing lawn debris in the road directly...
There is another way in which motorcyclists are legally covered should any incident involving discharged grass in the roadway occur.
I reached out to Brad Biren of Des Moines Injury Law, and he had a very informative response to the question “Is it Illegal to Discharge Grass Clippings into the Roadway?” specifically in regards to the hazards it may pose to motorcyclists.
This is what he had to say:
“There are three ways one can go about obtaining recovery, with lots of overlap in between. The first method is treating the cause as a typical motor vehicle accident; the second is to claim it under your uninsured motorist coverage, and the third is to claim as a general negligence claim.
Each of these methods of recovery exist in a universe of three scenarios:”
Scenario 1: Truck Litters Roadway with Lawn Debris, Causing Motorcycle Accident
“Motorcyclist is driving and the work vehicle ahead of him has debris littering the road and some of that debris was grass clippings and the motorcyclist couldn’t do anything to avoid the grass-clippings. Solution: file a claim against that driver’s insurance policy and utilize your own Medpay (no-fault medical coverage connected to your auto coverage). “
Scenario 2: Lawn Debris In Roadway Causes Bike Accident from Unknown Source
“Motorcyclist is driving and sees that a work vehicle is letting debris and other grass clipping larder fall over the highway and poof an accident occurs. Except this time, there is no at-fault driver in sight, only extrinsic proof that such a driver existed (e.g. witness statements). In that case, the motorcyclist would file an uninsured motorist claim against their own coverage and similarly access their medpay. At that point, things work pretty similarly to a traditional motor vehicle accident claim.”
Scenario 3: Lawn Care Company Discharges Grass from Mower onto Roadway Leading To Motorcycle Accident
“Motorcyclist is driving and using due care and while driving past a lawn mowing company, the motorcyclist fails to see a large pile of grass clippings erroneously lying in the roadway. In that case, the lawn company would be at fault for negligence in failing to maintain safe working conditions (grass should be bagged and not in the middle of roadways). You can still use your Medpay as you were on your bike, but the claim would be against the business’s umbrella policy vs their auto coverage. Similar standards to prove causation and such as the first two scenarios.”
The three scenarios laid out by Attorney Brad Biren really reset my frame of thought on the subject.
I suppose the issue isn’t really “is it illegal?”.
What really matters is: “is there a remedy at law for the issue?”.
Indeed, there is.
Yet, being able to recover damages when an incident occurs is only part of the battle. The other half is avoiding the incident in the first place. And that may only come from spreading awareness of the issue.
Why Aren’t there More Laws Governing Glass Clippings in The Roadway?
After reading the comments from attorney Brad Biren. It occurred to me that: the solution already exists in the legal system.
As far as the law is concerned. Laws governing grass in the roadway may not exist due to this simple fact…
Laws governing the roadway are vehicle and traffic codes. On the other hand, the people cutting the lawns are not driving on the roadway. Therefore, two different jurisdictions exist. Creating a strange space where an actual incident must occur for something to be done about it.
Maybe, just maybe, that is a good thing. Perhaps it is a sign that our legal system isn’t too over-protective. Or at least it isn’t as bad as it could be.
On the other hand, the real danger of lawn debris in the roadway is something we need to have a long conversation about. Likely, most of the folks placing lawn debris in the roadway aren’t aware of what they are doing.
After all, only 8% of households even own a motorcycle. So, it is not too surprising that many folks are not aware of the real dangers involved with spreading grass along the roadside.
Should there be more laws governing blowing grass from lawn mowers onto roads? Some think so.
In Conclusion: What is the Best Way to Go About the Issue of Lawn Debris in the Road?
I would argue that the most effective method for controlling lawn debris in the roadway is: education.
It’s simple, if more people were informed about the issue of blowing grass into the roadway. They would simply opt not to. Whether or not a statute or code exists which directly bans the practice.
And, if you are in a motorcycle accident that was caused by someone else’s negligent act, you have options.
There are many excellent lawyers, such as Brad Biren of Des Moines, Iowa ready to come to your aid. In fact, many of those top-rated lawyers are listed right here on HealingLaw.
