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Are dump trucks responsible for windshields?


Dirtman

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Got behind a dump truck today loaded with gravel, no cover on it. I was probably 20 car lengths back getting on the highway and started feeling crap hitting my truck. Before I could move over a rock chipped my windshield.

So I followed the truck, got the plate number and company name. Called them up and said hey your guy was driving with an uncovered load shooting rocks down the highway and broke my windshield. The guy says sorry we are not responsible for broken windshields call your insurance company. I said, dude I got the truck on camera overloaded dumping rocks with no cover and I was 20 car lengths back. He says sorry cant help you.

So I called the police to report it and they said I have to come in and file a report. I call my insurance company and ask them what to do and they say no problem we will fix it, $50 deductible. I say why should I pay the deductible?! I have the truck info and video of it happening!

Wtf... aren't truckers responsible for their load?
 


sheep herder

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Dump trucks and the idiots that drive them are irresponsible.
 

sgtsandman

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Depending on the company, you might get them to pay. Otherwise, you are looking at getting a lawyer for a windshield that is, what? $300?
 

Dirtman

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Dump trucks and the idiots that drive them are irresponsible.
Well... while I agree in some cases. Alot of these guys are paid by the load so they pack the most they can and drive as fast as they can. But there are more responsible guys out there than not in my experience. But it's always been my understanding no matter what the driver and company are responsible for securing the load, and having an uncovered load spilling over the top is illegal and they should pay for the damage.
 

Dirtman

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Depending on the company, you might get them to pay. Otherwise, you are looking at getting a lawyer for a windshield that is, what? $300?
Well it's a 50 dollar deductible so in reality it's not a big deal. But why should I pay it? I'm pretty certain I'll end up paying it but it's still a ridiculous situation when I literally have this truck on camera with gravel 3 feet over the top of the dump spraying rocks down the road.

I should be able to just say here's video, they are guilty... why do I need a damn lawyer! This is stupid. My insurance company should hire the lawyer. I pay them to deal with this crap.
 

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But it comes to your word against theirs in court unless you have proof. Such as pictures or video. Push for them to pay but don’t be surprised if you end up eating the bill.
 

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If the rock hit the ground and bounced up... its road debris and not their fault. If it hit your windshield without touching the ground... it’s their fault.
If you have video of the load uncovered you could try going after them in small claims court, claiming it their fault for negligence.
 

Dirtman

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I have full video of me getting on the highway and a rainstorm of crap coming off the truck. Dust and rocks and I'm way behind this thing. I'm trying to transfer it to my phone now so I can show you guys how ridiculous this was. It wasn't a random rock bouncing down the road. I was being pelted the second I got out of the on ramp lane. And had no way to get out of the way before it broke my windshield.

Why do I pay for full coverage if my insurance company isn't the one willing to deal with this!
 
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Ramcharger90

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All I can say is take a picture of the truck and the untarped load next time and call the company. Maybe its a nice company, Otherwise you gotta lawyer up. Or just pay $50 bucks for a nice new clean windshield. My Ram has a new one and the hood was repainted. For $100
 

Dirtman

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All I can say is take a picture of the truck and the untarped load next time and call the company.
I have video!!!!! The company said go eff yourself.
 

acsnowrider

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I have video!!!!! The company said go eff yourself.
I was the General Manager, for a Concrete Ready mix plant,(we supplied material/concrete for the foundations on Walmart super stores!), along with a Materials division/full on aggregate supplies/separation/washing--They are trying to intimidate you! The decision point on "who's responsible" is if the debris came off the truck, of if the truck picked it up off the road and threw it at you. The road debris, is "road hazard"
Off the truck, it the companies responsibility!--Won't cost you hardly anything, to file a "small claims" case against them-with the video, I wouldn't let them off the hook!--
 

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If you have video with license number then they will have to pay.

Vehicles must have fenders or flaps to prevent debris from being thrown out
And loads must be secure, for the same reason

Its not debatable, unless you were on private property :)

A road hazard is not flying debris, its something laying in the road
A tree limb breaking off and "flying" into you would be an "act of God", yes he hates you, lol, but not a road hazard

Anything picked up and thrown from a tire on to a vehicle behind them makes the "thowing vehicles owner" liable for damages for not having tires covered by fenders or flaps
Debris Falling off of a vehicle carries the same liability
 
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acsnowrider

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Anything picked up and thrown from a tire on to a vehicle behind them makes the "thowing vehicles owner" liable for damages for not having tires covered by fenders or flaps
Not true!! Rocks come off vehicle tires, with fenders/flaps properly installed!! it just happens!
 

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No they don't, unless fender and flaps are not legal
People do install wider tires, and unless there is a safety check they won't get a ticket for it, but they would be liable if it throws something into another vehicle

Tires must not stick out past fenders and flaps must be at min height above road
 

acsnowrider

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No they don't, unless fender and flaps are not legal
So, you have never had a "paint chip/rock chip" from your own tires, on your legal vehicle?? :rolleyes:
 

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