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Well the uncle of the sheriff called
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James(Ga)    Posted 12-21-2004 at 19:35:31       [Reply]  [No Email]

Amd said the same thing you guys did without witness i had no case but, Jenny was with me and though the rock was coming through the windsheild and hit her but being my wife i guess her word would be no good either so from now on i'll stay WAY behind a dumptruck. MERRY CHIRSTMAS EVERYONE, Jenny and i finished up our shopping today. James

joel    Posted 12-23-2004 at 07:29:29       [Reply]  [No Email]
No doubt he should keep the truck safe within reason. But to expect him to be sure every pebble is gone from every part of the truck that can possibly hold a pebble does not seem reasonable to me. That is why it is a good idea not to drive too close behind a dumptruck.

Whatever happened to the good-ol-days when some things that happened were just accidents with no blame placed?

Hal/WA    Posted 12-22-2004 at 14:37:57       [Reply]  [No Email]
You may want to consider filing a small claims court suit against the dumptruck driver and his company. Most small claims courts are run like "The People's Court" on TV and require no lawyers. They also don't cost much to file.

A damaged windshield is probably not worth enough to get an attorney involved, especially if no one was injured. Lawyers cost big bucks and your case is not a sure winner. It would probably be cheaper to just pay for the windshield out of pocket than to pay for a lawyer to handle the matter.....

For the case to be heard in most criminal courts, you would have to show something like negligence or intent to injure and there would have to be a criminal law about securing loads. Since I doubt that you saw exactly where the rock came from off the truck, I would guess that you would lose a criminal case, where guilt must be proved beyond a reasonable doubt. The officers are right--you probably do not have a winnable criminal case.

The dump truck driver or his company would probably turn over the matter to their insurance company. Or they might just decide to settle with you rather than tie up the driver's time to go to court. Or you might have to spend the time to go to court, tell your story and then live with the decision the judge comes up with.

Broken windshields are a hassle. I have had about 10 over the last 25 years, and one of them was 4 days after I had the windshield replaced! In that situation, I was able to contact the driver of the 4 wheel drive truck with huge tires and no mudflaps that kicked up a rock the size of a large egg that almost came through my windshield. I got her insurance information, but her insurance refused to pay. I ended up deciding that it was not worth my time to sue her, and paid to replace the windshield myself. Grrrr!

Good luck in your situation.

Don't take that crap    Posted 12-22-2004 at 07:10:19       [Reply]  [No Email]
See Screaminghollow's response below!

bob ny    Posted 12-22-2004 at 06:10:27       [Reply]  [No Email]
in our county whem you haul amy quarry product the load has to be completly covered with canvas to6 in below the top of the tailgate.if it is not covered the operator is responsible for all spillage . if covered you have to sue and need a witness

JoeK    Posted 12-21-2004 at 21:17:23       [Reply]  [No Email]
afraid what you have is an"act of god",so to speak.Any driver is responsible for their load or say a part falling off,but a rock kicked up from the road by the tires is "no fault".Sorry.

Joel    Posted 12-22-2004 at 08:37:52       [Reply]  [No Email]
I agree with a previous post. Life is to short to spend time trying to get a windshield out of a dumptruck driver. If he had no mudflaps and the rock flew from under the tire, you would have a legitimate arguement although I still wouldn't consider it worth my time and effort. I know that dump trucks haul rock and that there may be some spilled on the ledges of the truck. I usually chose to drive well back from them bacause of that. If I choose to drive close enough that a rock hits my windshield, it should be a lesson learned and go on about my buisness.

Pitch    Posted 12-22-2004 at 09:52:49       [Reply]  [No Email]
Joel thats a bunch of BS. Yes dump trucks carry rocks and stones but it is the operators responsibility to make sure his vehicle is safe and roadworthy. Part of that is to make sure that the load is secure covered and there is nothing loose that can fly off. If he were to pull in to a Dot inspection with stones on the ledges he would not be going any place untill it was clean and he may just be carrying an extra piece of paper work with him when he left.

Redneck    Posted 12-22-2004 at 12:52:57       [Reply]  [No Email]
Agreed, but driving too close is not only unsafe but plain ignorant. James seems to certainly be the victim here but you seem to be saying that driving too close is your choice and if praytell anything happens, sue the heck out of a working man. It is the driver's job to make sure it is a safe truck and load. Have you ever saw machanical things break, without warning? Most trucks have air tailgates and they have failed. Tires have run off. Axles have broken. Driveshafts fail. Things can cause an accident and be no fault of the driver. I don't know about others, I don't want to be riding up under a load when things do fail!

PS. As I type this, there is a d@&* lawyer on TV offering to sue for you if you have been injured by a tractor trailer. What about the truckers out of work, injured or dead because of the ingnorance of a four wheeler driver? I haven't heard any offering on their behalf!

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