Road Hazard Liability question for the experts...

[FishinMission]

Last Friday..immediately after merging on to I-5....a blacktop hauling dumptruck about 50 yards ahead threw a rock about the size of a golf ball which landed on the hood of our black Mercury Gran Marquis leaving a couple of divots (dents) smack dab in the middle of the hood :whazzup:.

I noted the license # and trucking company name on the truck involved.

Are they responsible for the damage?

Inquiring minds want to know.

Mark

[Hogmaster]

Mark,

My insurance company said unless I could get the driver to admit and take full responsibility, then they would not pursue the truck company when I had a similar incident.

Technically, the trucker or his firm could be cited for a loose load. Why does everything else have to be covered when we go to the dump, except for the most dangerous stuff like rock and asphalt doesn't?

But again, even if you know it came from the bed of the truck and not from under the wheel (the former could be grounds, the latter is considered bad luck), proving it would be pretty much impossible...

So I think you are going to find you're on your own, unfortunately.

[Fshklr]

had the same thing happen a few yrs back, when the tread came fying off a big rig..hit square accross the windshield, tore off the side mirror and wrapped around leaving a huge dent in passengers door, and tore off the door trim

Their insurance company wouldn't pay and mine said it was covered and they had little to no recourse to pursue the other companies policy holder

[FishinMission]

Yeah...I'm kinda thinkin' I'm gonna have to get the can of Bondo out for this one, and do it myself.

I'm sure the rock came from the tires....you'd think that tires covered in tar would cause a rock to stick until centrifigal force would cause it to go flyin'.

Dang...I hate doing body work. :whazzup:

Thanks guys.

Mark

[Chromaflage]

I've had so stinking many rock chips from gravel trucks with uncovered loads. Why aren't they required to cover their loads??

CrF

[ajfishfinder]

because the rock doesn't fall off the load but usually off the tailgate or other ledge along the sides.

I once had an empty plactic 55 gallon drum fly out of my pickup. Once it hits the ground it becomes a "road hazard" and not my problem. Yes I could be cited for failing to secure it, but hey all I had to do was say the bungee cord must have broken??? I was even told that once it hit the ground and became a road hazard that if even if it caused a multiple car rearend crash, i was off the hook because each driver is supposed to maintain control and a safe stopping distance. Auto damage and windshield chips are a bummer for everyone but the insurance company.

[FishinMission]

Perhaps....But I'll bet there's an officer out there that would be more than happy to write you a $500.00 fine for littering if someone got your plate # and reported you. Suppose??

Mark

[ajfishfinder]

The amazing part was that I called a friend that was 5 minutes behind me. He wondered if that blue and white striped barrel came out of my truck. It ended up standing upright in the center median. Early the next morning it was gone. Guess someone needed it as bad as I did.

[sandman]

Sooo,Fishfinders the one who causes all the trouble on the roads!

[Mr. Carp]

It'd be kinda hard for the excavation company to maintain production if you had to cover every dump truck load.

Tickets are written if the load goes over the side boards, but other than that, anything that falls off the truck is just a road hazard.

Just try not to follow those kinds of trucks if at all possible.