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Are dump trucks responsible for windshields?


RonD

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Yes, and hunks of new asphalt, that stuff hard to get off, as well, but I can't sue myself, well maybe I can but didn't want to pay court costs :)

But you are in fact liable if your vehicle throws debris, or stuff falls off of it
 


snoranger

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I deal with this a lot, we have over 100 dump trucks on the road. In NJ, if it falls from the truck and touches the ground, it’s road hazard. (Same as something getting kicked up from the ground.) If it falls from the truck and doesn’t touch the ground, it’s falling debris.
Falling debris is the trucking company’s fault. Road debris is your problem. NJs tarp law states that if your load is higher then the body, it must be tarped to prevent spilling. You can be fined up to $500.
Since you have video of an overloaded untarped truck spilling rocks all over your truck, it should be an easy case.
 

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I deal with this a lot, we have over 100 dump trucks on the road. In NJ, if it falls from the truck and touches the ground, it’s road hazard. (Same as something getting kicked up from the ground.) If it falls from the truck and doesn’t touch the ground, it’s falling debris.
Falling debris is the trucking company’s fault. Road debris is your problem. NJs tarp law states that if your load is higher then the body, it must be tarped to prevent spilling. You can be fined up to $500.
Since you have video of an overloaded untarped truck spilling rocks all over your truck, it should be an easy case.
Exactly! Think about it--Somebody is following me, on a GRAVEL road-no pavement-- Rock hits the vehicle behind me-- came from my car, one in front of me, the sea gull flying by overhead?? Mixer trucks, have nothing to cover--the wash down is all you can do, to prevent issues, but it still happened--only question the insurance company (they pay the bill!) ever had, did the debris/rock come off the truck, or off the road? first covered, second not!
 

RonD

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Got wife's engine replaced when a city truck dropped a metal cover for gas line valve in front of her and it put a hole in the oil pan, she keep driving, oil light came on and she kept driving!!!
Fried the engine

Went back to where she said the part fell off the truck and found it, even had the "City of .........." stamped on it
Took it to the city yard and told them what happened, they sent me to city office, jumped through a few hoops but they did pay, pro-rated not a brand new engine, lol, but it was fair, engine with about the same miles as the fried one.
Yes, she should have pulled over when the oil light came on, lol, but didn't seem to matter to anyone there, I am guessing they all have wives that are not mechanically inclined

Not a road hazard if you know where it came from :)

If I was driving that close behind some one speeding on a gravel road with illegal tire covers I would deserve the rock chips
 
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black_demon69

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just have to ask how much is your time worth? if it is worth over $50 just pay the $50 and be done with it. I know it sucks and in reality they should be held responsible but pick your battles and only fight the ones that really matter.
 

RonD

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Its the principle not the money, if its the money then it would involve whiplash :)

How's your neck feeling Dirtman?
Any headaches?
 

4.0blue98

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It was like that when I found it.
Pain and suffering... 1 million. Then settle for the 50$.

I had a tractor trailer dropping cinder blocks at about 4:30 AM one day on my way to work. I was traveling up I81 above Scranton years ago. I kept seeing these puffs on the drivers side when I was behind him but it was pitch black. I pulled out to pass and realized what it was. Flashing my lights and yelling into the CB did no good. I finally went over on the passing lane shoulder to pass since he was going about 45 in a 55. I always wondered if he killed anyone that day.
 

Josh B

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Go to the small claims, talk with the district attorney, tell him all about it, try not to rant.
You'll get answers right there, including if the case will stick, and which party pays court costs(usually the one who loses)
 

Dirtman

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just have to ask how much is your time worth? if it is worth over $50 just pay the $50 and be done with it. I know it sucks and in reality they should be held responsible but pick your battles and only fight the ones that really matter.
My time is worthless!
 

Dirtman

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Its the principle not the money, if its the money then it would involve whiplash :)

How's your neck feeling Dirtman?
Any headaches?
I think I may have antisocial personality disorder?


try not to rant.
All I know how to do is rant! It's literally like my one move!
 

PetroleumJunkie412

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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
#TheLordHasSpoken
 

PetroleumJunkie412

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Got wife's engine replaced when a city truck dropped a metal cover for gas line valve in front of her and it put a hole in the oil pan, she keep driving, oil light came on and she kept driving!!!
Fried the engine

Went back to where she said the part fell off the truck and found it, even had the "City of .........." stamped on it
Took it to the city yard and told them what happened, they sent me to city office, jumped through a few hoops but they did pay, pro-rated not a brand new engine, lol, but it was fair, engine with about the same miles as the fried one.
Yes, she should have pulled over when the oil light came on, lol, but didn't seem to matter to anyone there, I am guessing they all have wives that are not mechanically inclined

Not a road hazard if you know where it came from :)

If I was driving that close behind some one speeding on a gravel road with illegal tire covers I would deserve the rock chips
Even your stuffed shirt bastards in city government are polite.
 

Dirtman

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Ok back to rational-ish thought.

Anyone know how the eff to get the video from my cam to my phone? It's on an sd card in 4k format. My phone just says it can't read the file. I imagine because it's in 4k format but I have no idea how to change it to something else. I put the sd card in my tv and it plays just fine.
 

snoranger

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Play it on the TV and record it with the phone.
 

Dirtman

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Ghetto, but I like the way you think...
 

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