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Country Discussion Topics
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What do you think
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James(Ga)    Posted 12-21-2004 at 17:46:38       [Reply]  [Send Email]

Today about 5:30 pm coming down the interstate i got behind a dump truck and a rock flew off of truck somewhere and cracked my windshield He was not hauling anything but yet the small rock came off his truck. I got him stopped and told him and he said i'm not hauling anything so i am not responceable and started to pull off so i shot in front of him so he would have to hit me or stay there until the law got there. So we agreed to move because of having trafic backed up and pulled into a truck stop until the law got there. the driver was black and the law was black too and started telling me the driver was not responceablebecause he was not hauling anything i felt like asking if that wasent a brother thing but thought better of it. Now the uncle of the sherrif of that county rabbit hunts on my place so i will get in touch with him in the morning to see if he will talk to his nephue. I told the law that he needs to study up on the law some that the rock came off the dump truck whee he was hauling anything or not, so just for the heck of it what do you think. James

screaminghollow    Posted 12-22-2004 at 07:09:09       [Reply]  [No Email]
First, the fact that "he wasn't hauling anything" is pretty much irrelevant. It is very well known that "stuff" sticks to and in the dump hatches of dump trucks. Did you actually see it fall off, or could it have been thrown by dual rear wheels. What often happens at construction sights is that rocks and mud get caught between the dual rear wheels and it takes awhile at high speeds for the stuff to work its way out from between the wheels. Hence the requirement for mud flaps. I had a rock thrown from a trucks rear wheels hit my car several years ago. "Duh! I wasn't hauling anything" was the same response I got. But I saw a bunch of crap spew from the rear wheels on the left side and I got hit even though I was in another lane. The mud flap on that side was sooo very worn away that it was virtually non existant. The lack of a mud flap was the determining factor for the small claims court judge. In your case, it isn't a he said she said situation. You have two witnesses to none. The truck driver was alledgedly paying attention to the road ahead of him. How can he see the back of the truck while he's driving. Obviously, he can't see jack on the back of the truck while he is driving. If your small claims court allows discovery, like where he was coming from and what he had just hauled and dumped. If he had only traveled six miles after dumping a load of No. 3's and you got hit by a similar rock, that would also be relevant. If he was hauling under contract for a large construction job, there will be a weigh ticket from the quarry and a delivery stamp or writting on it. For large independant haulers get paid by the load. They are generally in a rush to either get another load, or get home. Either way, such drivers take short cuts all the time, because the faster they get another load, the more they get paid. So they often don't take the time to clean off the tail gate area of the truck, after dumping. Hope this may help.

Redneck    Posted 12-23-2004 at 03:29:29       [Reply]  [No Email]
OK, now we know how the game is played and whose side the ref's are on!

Redneck    Posted 12-22-2004 at 02:42:31       [Reply]  [No Email]
I have had a dumptruck for years and have bought one windshield on a car driver's word. I wasn't guilty, he got a new windshield.

What bother's me is most cars follow TOO close and if anything happens to fly up off the road, they want to blame you. If they had been at a safe distance, nothing would have happened. One pet peeve of mine is roofer's hauling shingles/nails uncovered and usuall on some dirt dob trailer. They leave more on the road than when they illegally dump out in the country!

On the other hand, I had three cracked windshields in one day when they were re-graveling a road from trafic going too fast in the opposite direction. One on my log truck. CRACK! Came home and got the pickup and had to go the same way again. CRACK! Wife was coming home same way, same day. CRACK! Do you think they fixed my windows?

I'm not taking up for all truckers by no means, but most of the time a safe following distance would cure most ills. You need to walk a mile in our shoes......

marlowe    Posted 12-21-2004 at 20:16:17       [Reply]  [No Email]
i own and drive my own dump truck and how can you prove where the stone came from? just because you got hit that rock could have come from the other lanes of traffic or was on the road allready . i replaced 4 yes 4 windshields in my dump this year and never was flowing a dump truck. had a cement stake 15in long come in and stick in the roof of the cab so i should stop the first cement truck and blame him NOT. IT"S road hazzard. had the road blow up and take out the oil pan last year should i go after the state DOT NOT it's road hazzard . your ins should take care of it at no cost to you . and what about the stone your car or truck kicks up and busts my windshield are YOU going to pay just on my word NOT

bandersnatch    Posted 12-22-2004 at 07:26:02       [Reply]  [No Email]
I have yet to see a dump truck with legal mud flaps throw a stone high enough to do damage. Most dump beds have ledges around the sides and when the crap is dumped in them it can lay on those edges when it spills over the side at loading. Covers only keep in the crap in the dump bed, not the rocks, dirt and mud that lands on those side ledges. Drivers got to make a living like everyone else. They can be targets for fraudulent claims, but it is just as much fraud to say you can't prove it happened because I wasn't hauling anything. Some drivers are careful to make sure the truck is cleared off before entering the highway, hopefully, you are one of them. Just last week, I saw a piece of a brick wedged in the closed tail gate opening of a dump truck. How it even stayed there and the gate closed are beyond me. It was just a matter of time before it would break and go flying.

StanETenn    Posted 12-21-2004 at 18:43:20       [Reply]  [No Email]
Beating a dead horse. Pick your battles carefully. I don't think I would pull in front of a dump truck to stop it. A lot of stuff hard to swallow in life.

BOSS    Posted 12-21-2004 at 18:36:12       [Reply]  [No Email]
I guess this is why Michigan has a no-fault insurance. Your insurance pays for your accidents. Their insurance pays for their accidents.

Hey James    Posted 12-21-2004 at 18:05:28       [Reply]  [No Email]
In MO, the way things work is that you can get the license plate number and the vehicle description to file an insurance claim against the truck/car/SUV/bicycle. That is all you need to file the claim. Maybe GA is the same?????

It is up to the adjusters to take it any further.

If the adjuster wants to try to track down the driver for a few hundred dollar windshield then let him/her do it. It'll take more time and money than is worth the effort.

That is why most insurance companies now offer low (or no-cost) priced windshield repair after road rock chips/cracks. Call them and tell them what happened. It may cost you $50 to nothing to have your windshield fixed.

PS - Do not let them try to repair a windshield that is cracked more than 1/2". Drilling and clear filling is a safety hazard at that size of a repair. Make sure your insurace guy/gal is "on the ball". You'll have fewer arguments.

- Peanut

Mike Ga    Posted 12-21-2004 at 18:04:53       [Reply]  [No Email]
The trucker is not resposible by law. Only if he were hauling rock and did not have it covered would he be responsible and at that you would still have to prove it. It happened to my wife twice in the past two years. The parts stores sell a chip filler that will keep it from cracking anymore. At least it has worked for me.LOL

Steve/TN    Posted 12-21-2004 at 17:55:19       [Reply]  [No Email]
James,I would hope that your ins. will take care of the window. If you have comprehension, it should. Let your insururance fight the fight about the rock. It would be his word against yours. Hard to prove either way. Life is short.

KellyGa    Posted 12-21-2004 at 17:54:34       [Reply]  [No Email]
Well, I do know this. Unfortunately, its his word against yours, and unless he says it came off his truck, you can't do a thing. All those trucks say somewhere on there that they aren't responsible for objects coming off the road. I think those signs are just a case of CYA, cover your a$$. This happened to a friend of mine a while back. Sorry to hear about it. Maybe you can take it to one of those windshield docs, sometimes they can repair it if its not too bad, but it will spread if you don't get it fixed.

Man when it rains it pours don't it. :( I would still see what could be done, since you know some one who knows the guy. Let us know how it goes. Sorry about your windshield.

sHan, TN    Posted 12-21-2004 at 17:52:28       [Reply]  [No Email]
just my experance but it happend to me one time and they (cops) told me that i couldnt prove it came off the truck and that it didnt just fly ou off the road when he went over it...i think its a bunch of crap,, but if they let anyone get away with it EVERYBODY that has a crack in there winder would say a truck did it just to get sombody else to pay for it,,,,again this is only my 2 cents.........shan

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