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Old 07-30-2012, 03:30 PM   #1
Jeff B
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Default Not responsible?

On the way back to work from lunch today, I passed a dump truck loaded with gravel. There was a LOT of small rocks being dumped onto the road and bouncing in every direction. Luckily, none of them reached my windshield. The truck had a big sign on the back stating "Not responsible for objects thrown from road". Made me wonder if they are responsible for objects dropped off their truck!?!?!?

Are the drivers of other vehicles responsible if something (like a rock) drops off their vehicle and breaks your windshield? If so, how can you prove it was them, as they will, obviously, deny doing it.
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Old 07-30-2012, 03:38 PM   #2
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In Iowa yes if falling off of truck. Picked up off road in tire and thrown your way no.
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Old 07-30-2012, 03:41 PM   #3
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I think it depends on each state's laws.....generally, if thrown by their tires, from the roadbed, not their problem. However, if it drops from their load, it is their problem.

Here in Ar, loads must be tarped, unless there is 12" of box above the load...I think this is the law..........
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Old 07-30-2012, 03:47 PM   #4
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Mi law says they've gotta be tarpped when loaded...problem is trying to prove it was their truck...been there, done that.

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Old 07-30-2012, 04:14 PM   #5
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Agreed, I don't think there' much difference form state to state, anything falling from another vehicle is that drivers responsibility.

Most things kicked up from the road are considered road hazard, although I'm not sure what the determining factor is, some items aren't. I'm not sure what determines the line, but it has something to do with objects that are obvious and avoidable under ordinary circumstances.

Several years ago, a pickup hit a piece of pipe in the road in Ft. Worth which was thrown up and through a windshield killing the driver. The authorities were looking for the driver of the pickup because he was legally responsible. However, they even said that from witness accounts, they don't think the driver even knew he hit the pipe.

I doubt they ever found him if he didn't know he did it but I always wondered what, if anything could be done other than insurance companies paying damages.
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Old 07-30-2012, 04:46 PM   #6
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I like the idiots that have a load and the tarp is rolled up in front of the bed.... Im wondering what the laws ae around here (Tristate • KY, Ohio & indiana) cause its bad on our highways... We drive about 40 miles each way to work each day, and both of our cars look like we have been traveling behind someone on a gravel road....
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Old 07-30-2012, 05:33 PM   #7
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I believe if the object hits the road and bounces up it becomes a road hazard. If comes off the vehicle and hits your ride before it hits the road, then they can be held responsible.

Good luck proving either way...
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Old 07-30-2012, 06:36 PM   #8
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In Colorado a vehicle is responsible for its load, yes we have those signs on trucks as well but I think they just try to put forward the message in order to confuse the drivers following them who do not know the law.
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Old 07-30-2012, 06:46 PM   #9
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Quote:
Originally Posted by Chris Lippolis View Post
In Colorado a vehicle is responsible for its load, yes we have those signs on trucks as well but I think they just try to put forward the message in order to confuse the drivers following them who do not know the law.
That's generally the rule in most states. You can put up a sign, but it doesn't remove your responsibility. The most the sign can do is confuse.
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Old 07-30-2012, 08:14 PM   #10
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Jeff,

As already stated, If the rock comes off the truck, the company is responsible. If it gets thrown from the road they are not responsible.

Should have called me, im on dayshift now.... My commercial truck guy would have been all over it!!!!


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