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Keep back 200 ft. No responsible for broken windshields.

i am herdman

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Mar 5, 2006
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I see this on dump truck and other big trucks hauling stuff all the time. How can they not be responsible if they have no mud flaps or they cut them off to half length or, when the truck is throwing shi* out of the back all over the highway?

I had one or two of those break my windshields before. I feel like calling the company and saying I am not responsible when I throw a brick through your windshield on the Kenworth either. It slipped.
 
Did it fall directly off the truck and strike your windshield or did it ricochet off of the road?
 
If the rock comes from the truck they are absolutely responsible. While not every state requires a tarp, the load still must be secure. But anyone that tailgates a load of aggregate is a dummy.

Is it pain in the ass to claim it and get them to pay? Sure. That, and regular drivers' ignorance of the law, is what they bet on. If you have their tag number, time and place, description of the truck, etc. tell them to pay. If they want to be an ass, let them know you are going to call the State Police and complain about their unsecured loads...that will usually do the trick.
 
Did it fall directly off the truck and strike your windshield or did it ricochet off of the road?

The ricochet thing does not actually matter, although a lot of people believe it does. An unsecured load is an unsecured load. Think about it this way: if a flatbed of lumber dumps a bunch of 2x4s and they ricochet off the road before one goes through a windshield and kills someone, you think the driver and company is off the hook?

Bottom line, if the rock is moving because the driver fvcked up and it left the load, he is responsible for that rock while it is moving.
 
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The ricochet thing does not actually matter, although a lot of people believe it does. An unsecured load is an unsecured load. Think about it this way: if a flatbed of lumber dumps a bunch of 2x4s and they ricochet off the road before one goes through a windshield and kills someone, you think the driver and company is off the hook?

Bottom line, if the rock is moving because the driver fvcked up and it left the load, he is responsible for that rock while it is moving.
Maybe it is a gravel/salt truck I am thinking of, growing up, the father of one of my friends obtained a cracked windshield from a stone, his claim was denied because it did not fall directly off of the truck and into his windshield.
 
My wife was peppered by a sand and gravel truck in her BMW about 2 weeks after she bought it new. Not a surface of the car was unscratched after the incident. Every panel, window, mirrors, had to be repainted or replaced. Cincinnati Insurance was the truck insurer. The initial claim was almost $35k. Then we sued for depriciated value. Cincinnati finally totaled the vehicle and bought us a new one. Trust me I got a PhD in this subject.
 
Maybe it is a gravel/salt truck I am thinking of, growing up, the father of one of my friends obtained a cracked windshield from a stone, his claim was denied because it did not fall directly off of the truck and into his windshield.

Perhaps the truck tire kicked up a stone. Or his insurance people are dumb.

But there is a side note to the truck tires: if the truck is flinging mud and chunks everywhere, the truck is responsible for any damage that does. Herdman mentioned mud flaps: no mudflaps or only half a mudflap is a violation.
 
My wife was peppered by a sand and gravel truck in her BMW about 2 weeks after she bought it new. Not a surface of the car was unscratched after the incident. Every panel, window, mirrors, had to be repainted or replaced. Cincinnati Insurance was the truck insurer. The initial claim was almost $35k. Then we sued for depriciated value. Cincinnati finally totaled the vehicle and bought us a new one. Trust me I got a PhD in this subject.

2 week old BMW, needs glass and paint? Someone got a hell of a deal on Copart.
 
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