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A few months ago I was following another car that was behind a dump truck on I-40. Both of us were following at safe distances from the vehicles in front of us. Suddenly the car in front of me swerved into the left lane, and before I could think, "Gee, why'd they do that?" I saw why - a softball sized rock (boulder?) flying straight at my face. Thankfully there was no one in the lane to my right, and I was able to swerve and remain in control thanks having a great handling car with stability control. Had I been in another vehicle I have no doubt that rock would have either come through the windshield and hit me, hit some other part of the car causing some serious damage, or I would have lost control trying to avoid it.
After it happened, I wondered what the scenario would have been if things hadn't ended as happily. I know that in FL the laws are really messed up when it comes to road debris (my father was hit twice in a month's time in his brand new car), but I am not sure what it's like here.
I agree with the others. The trucking company still has to be responsible in securing things they're carrying.
In Los Angeles, a few years back, there were stories of people carrying things like washing machines on the back of trucks that fell off on the highway killing people. The people transporting the washing machines were found liable.
In Atlanta, I was driving a safe distance behind a truck that had a mattress slide off the back. There was no room for me to go into another lane (due to cars), and I didn't have time to stop (since it was flying at me, too...and there was a car behind me).
The dumb thing got wedged underneath my wheel..the cops had to be called...blah, blah, blah...
My insurance company covered it, and fortunately, didn't raise my rates.
Are you my sister?! Same thing happened to her in NH. Exactly the same.
She called the police and they said, where are you? She replied "on a mattress at Exit 1"...they: "we'll be right there"...she said, "bring a blanket. It's cold".
I had a construction/gravel truck ahead of me dropping stones off the back...I was some distance behind, but one hit my windshield. They paid for replacement without a problem.
Are you my sister?! Same thing happened to her in NH. Exactly the same.
She called the police and they said, where are you? She replied "on a mattress at Exit 1"...
hehe!!
I'm glad I'm not the only person to run over a mattress!
Calling your INS company, and letting them handle it is an excellent start -- it is considered comprehensive, and in no way, affects your rate. They will also call the trucking company in your behalf, but you might want to call the trucking company, too. My husband was hit on I40 when the recap came off a tire ahead of him -- huge pieces of this tire, flying at him in a small two-seater, at dusk, no less. It was a miracle he saw it, and had time to react. He made note of the truck, part of its license tag, the date and time, and closest mile marker. He also turned around, and got the largest piece of the tire he could fit into the trunk of his car. It was a good thing he took so much effort, as the trucking company wanted to claim they had no driver out at that time of night on I40. Our INS carrier dealt with it, and won.
I was coming to work today and an asphalt truck passed me and chunks flew off the truck and damaged my car. At the very least, I have a broken driver's side headlight but I haven't looked closely yet. I tried to catch the name of the company but it was raining and I couldn't see it. He was speeding as I was doing the speed limit (65) and he passed me like I was sitting still. This could have easily been my windshield and I could have been seriously injured. This is ridiculous!
I was coming to work today and an asphalt truck passed me and chunks flew off the truck and damaged my car. At the very least, I have a broken driver's side headlight but I haven't looked closely yet. I tried to catch the name of the company but it was raining and I couldn't see it. He was speeding as I was doing the speed limit (65) and he passed me like I was sitting still. This could have easily been my windshield and I could have been seriously injured. This is ridiculous!
Yeah. It sucks. But, there's really not much you can do about it.
I got the windshield of my new car cracked within a week of buying it from a similar event (I may have posted it in this thread, I didn't check back), so I feel your pain.
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I would first call the trucking company, ask for the office manager or the owner, and tell them what happened. Describe every detail you remember, such as where you were, what time, what the truck looked like, what the driver looked like (if you know), what size the rocks were, etc. Who knows, they may be reasonable and agree to reimburse you for it? Alternatively, they should report to their insurance carrier who should try and verify whether the rocks in fact came from off the truck or whether they were already on the road and thrown up by the truck's tires (which would not be their responsibility). Frankly these are tough claims to verify but in my opinion, it is worth a shot if you do not want to make a claim with your own company.
Absolutely. I have done this in past and collected. No claim against my insurance and no deductible. I advised truck company I would file in small claims court. The trucking company is responsible for containing their load. Good luck!
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My Mazda mouse was a victim of fortify I-40 as well. Hit right on the passenger side. I only have liability so I'm stuck either laying out a few hundred for a new windshield or just trying to look to left.lol. It wasn't so bad at first but every few weeks it gets a little longer. I know once it encroaches to my drivers side it won't pass inspection next year.
Yeah. It sucks. But, there's really not much you can do about it.
I got the windshield of my new car cracked within a week of buying it from a similar event (I may have posted it in this thread, I didn't check back), so I feel your pain.
Bullcrap. A company whom the truck is owned by is not responsible for damage done by rocks or road debris which is picked up by the tires as long as there are DOT approved mudflaps/stone guards in place. No mud flaps? Truck owner is responsible.
However, if a stone/debris/etc. falls out of the bed of the truck the truck owner is absolutely responsible as they are required to secure the load. Debris falling from the bed is failure to properly secure the load. The only caveat to this requirement is the driver of the damaged vehicle must have the license plate of the truck along with the location and time the damage occurred. The driver must then contact the company who owns the truck and tell them what has happened and afford them the opportunity to pay for damages. If they refuse to do so a police report needs to be filed and presented to the trucking company along with a threat of lawsuit. Usually that takes care of it.
Now if the car owner has full coverage just contact the insurance company with same information and let them handle it.
Bullcrap. A company whom the truck is owned by is not responsible for damage done by rocks or road debris which is picked up by the tires as long as there are DOT approved mudflaps/stone guards in place. No mud flaps? Truck owner is responsible.
However, if a stone/debris/etc. falls out of the bed of the truck the truck owner is absolutely responsible as they are required to secure the load. Debris falling from the bed is failure to properly secure the load. The only caveat to this requirement is the driver of the damaged vehicle must have the license plate of the truck along with the location and time the damage occurred. The driver must then contact the company who owns the truck and tell them what has happened and afford them the opportunity to pay for damages. If they refuse to do so a police report needs to be filed and presented to the trucking company along with a threat of lawsuit. Usually that takes care of it.
Now if the car owner has full coverage just contact the insurance company with same information and let them handle it.
"not much he can do about it" because s/he wasn't able to get the name off of the truck. Who do you think they are going to collect from?
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Same thing happened to her in NH. Exactly the same.
Car damage
