Are truck drivers responsible for stones flying off their vehicles?

[hemicharger]

Kinda off topic but what about those A@# H*&* dump truck drivers that say "not responsible for broken windows" on their trucks when they have huge boulders flying off of them at 60mph? Are they still responsible?

 

[Scutter01]

Kinda off topic but what about those A@# H*&* dump truck drivers that say "not responsible for broken windows" on their trucks when they have huge boulders flying off of them at 60mph? Are they still responsible?

I don't think so. It's your responsibility to maintain a safe distance behind it. In fact, they usually also have a warning sign: "Stay back 500 feet" or something.

 

[BtownBlaster]

I don't think so. It's your responsibility to maintain a safe distance behind it. In fact, they usually also have a warning sign: "Stay back 500 feet" or something.

Most, maybe all, dump trucks have a tarp installed that will cover the load. I know that, at least around Bloomington, most of them use this, but not all. I would imagine the drivers responsibility would be greatly influenced by whether or not they chose to properly secure their load. Of course, we are talking about the legal system, so your mileage may vary....

 

[Bigum1969]

I don't think so. It's your responsibility to maintain a safe distance behind it. In fact, they usually also have a warning sign: "Stay back 500 feet" or something.

I think I may have to respectfully disagree on this one.

When I lived in Colorado this became an issue and I believe was the subject of a television investigative report. I think the results were that you can't have stuff (rocks, gravel, etc.) coming off the back of your truck. You have to secure the load.

On a personal note, i don't care how far back you are from a truck, if it starts sending rocks out of its bed, they should be responsible.

 

[AFA1CY]

Bigum1969

You are correct. Indiana has a "leaky load" law, however enforcement is non existant. Also proving that a rock came off of a truck and hit you is difficult.

 

[AndersonIN]

I don't think so. It's your responsibility to maintain a safe distance behind it. In fact, they usually also have a warning sign: "Stay back 500 feet" or something.

You mean the "warning sign" that you have to be within 10 ft to read???

 

[zebov]

Breaking someone else's window is breaking someone else's window. The trucking company is responsible for the securing of their load, not the other drivers around them. You can't put a sign up on your property line and say, "Warning, we hunt here. Stay at least 2 miles away" and relieve yourself of responsibility if you shoot someone.

 

[AFA1CY]

Boy this thread went real off topic

IC 9-21-8-48
Vehicles with contents escaping; prohibition from operation; exceptions
Sec. 48. A vehicle, except:
(1) a vehicle containing poultry or livestock being transported to market; or
(2) a highway maintenance vehicle engaged in spreading sand or deicing chemicals;
may not be driven or moved on a highway if the vehicle's contents are dripping, sifting, leaking, or otherwise escaping from the vehicle.
As added by P.L.2-1991, SEC.9. Amended by P.L.79-1991, SEC.4.

 

[Scutter01]

Boy this thread went real off topic

Agreed. Thread split.

 

[colt45er]

In short yes, but good luck.

They are responsible just as you are responsible if something flies off of your vehicle and strikes something.

You would have to be able to prove that it was their truck, their rock that hit you....once again good luck.

A couple interesting facts from an INGO Insurance agent that is too excited about NFA day to work

Good insurance companies will have a free windshield repair service if you get a small crack or chip. If it is larger it would be under your comprehensive deductible.

Now for Indiana's weird laws. Say you get hit by a 2x4 that flew out of someone’s truck. If it was airborne the entire time from leaving their truck to hitting you, it is considered a comprehensive loss.

If the 2x4 bounces off the road and then hits you, it is considered a collision loss. The difference is the claim goes at-fault vs not-at-fault. Premiums could be increased for a collision loss where they typically are not for comprehensive.

 

[Scarnucci]

Unfortunately I don't believe that just posting a sign that says you are not responsible for something, actually makes you NOT LEGALLY RESPONSIBLE for something.

Hell, if that was the case, I'd be wearing a sandwich board all day absolving myself from the crap I do to offend people. Flatulance, swearing, general stepping on of toes... I might have to get one of those digital jobs so I could update the message on the fly.

 

[VUPDblue]

It is my understanding that if anything falls off of one vehicle and damages another, the vehicle that lost the item is held responsible. IIRC, the part of the law that spells this out is the definition of "strict liability" or "absolute liability".

 

[Boilers]

Anyone here a dumptruck driver?
I think some of the most dangerous driving I have ever witnessed has been by dumptrucks. At least here in Indy.

 

[MACHINEGUN]

I've had this happen to me.. busted windshield and all.

If this happens to you.. I wish you good luck in proving your case.

Anymore.. I just stay about a quarter mile back from them.. much safer that way anyways.

 

[Jack Ryan]

I think I may have to respectfully disagree on this one.

When I lived in Colorado this became an issue and I believe was the subject of a television investigative report. I think the results were that you can't have stuff (rocks, gravel, etc.) coming off the back of your truck. You have to secure the load.

On a personal note, i don't care how far back you are from a truck, if it starts sending rocks out of its bed, they should be responsible.

"you can't have stuff (rocks, gravel, etc.) coming off the back of your truck. You have to secure the load." Don't matter if it's a pickup or a dump truck or what they wright on it.

The law isn't written by putting it on the back of a dump truck.

 

[Soundslikejosh]

Staying back 500 feet isn't always possible. Does this mean that on the highway no one can pass the dump truck? They loose rocks sideways too, not just straight back. Bottom line, IMO, the truck driver is responsible for his load. I took a rock chip from a truck that was y ahead of me, and one lane over. I saw it bouncing, but at the last minute it bounced sideways. I wasn't tailgating or anything that resembled tailgating. Should this be my fault or the truckers?

 

[skier11]

This happened to me a few months ago. Truck driver told me he wasn't responsible so I called my insurance. My agent pretty much told me the same. My insurance would cover it but unfortunately I have a $500 deductible. My windshield dosen't cost that much. So, out of my pocket it comes....

 

[Boilers]

I would not mind the stone thing IF...
1. they covered their loads well
2. They drove the speed limit OR under, in the right lane only.

Sadly, they act like they dream of being a Mustang teenage hellraiser.

 

[Mgderf]

Unfortunately I don't believe that just posting a sign that says you are not responsible for something, actually makes you NOT LEGALLY RESPONSIBLE for something.

Hell, if that was the case, I'd be wearing a sandwich board all day absolving myself from the crap I do to offend people. Flatulance, swearing, general stepping on of toes... I might have to get one of those digital jobs so I could update the message on the fly.

I NEED ONE OF THESE SIGNS!

 

[Walter Zoomie]

Many moons ago I posted about this subject on a trucker's forum.

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