Dump truck busted my windshield

[CHCRandy]

I was driving down US 36 Saturday and a Tri-Axle was in front of me. He had a load of fill dirt and hit a bump in the road and out came a huge chunk...not sure if it hit the road and bounced or hit directly but it shattered my windshield. I followed the guy and got his contact info and who he worked for, McGill Transport and DOT #. He said he would give boss my info and have him call me. I never heard from them so I called them today, told the lady who owns it what happened and her first response was we are not responsible, if we paid every claim that said we broke their window we would be out of business. So I then asked why they have tarps if they are not gonna use them? She said tarps don't always stop rocks....and I said well they damn sure can't when you are not using them. She then said she owns 2 trucking companies and has 100's of people who claim she breaks their windows......and I then told her if my business got that many people saying I broke their window every year....I would at least try to take 5 minutes and put the tarp over to not be negligent.

I'll be honest. I could care less about the $250-260 it will cost me....but for her to tell me she wasnt responsible kind of pisses me off. What the hell gives these guys the right to drive around with uncovered loads, damage your property and not be responsible?

 

[churchmouse]

I was riding with a friend some years back in his really nice 96 Impala SS.
Same thing happened. But it was multiple rocks. Dented the hood and busted the windshield. He followed the truck and called the Co on his cell. They said the same thing even when he told them the truck was dumping a steady trail of rocks rolling down the road.

He hung up. Caught the truck at a light. Jumped out, picked up some of the rocks it had dumped right there. He ran up and started blasting the cab with those same rocks. He got the mirror, side glass etc. Jumped back in and cut away in great haste. Might not be the legal thing to do but he sure felt better about it.

 

[MCgrease08]

That sucks. Glad you weren't hurt. But there is a reason why the back of those trucks usually has a warning to stay back at least 200 feet.

 

[Alamo]

Sounds like a job for a dash camera.

 

[Sigblitz]

Most run with no tags or identifying marks.

 

[patience0830]

Most run with no tags or identifying marks.

I call . Gotta have tags and DOT info on the side of the truck. If you didn't follow and get the info it isn't the trucks fault. And stay back 200+ feet is always a good idea.

Glass inurance is cheap.

 

[Sigblitz]

I call . Gotta have tags and DOT info on the side of the truck. If you didn't follow and get the info it isn't the trucks fault. And stay back 200+ feet is always a good idea.

Glass inurance is cheap.

No. Nothing on the doors. No visible plate. Very common.

 

[Ingomike]

Did you by chance get a pic showing the tarp not down? If so file a IDOT complaint against the company. The threat of doing so may get them to play ball with you if you have the pic...

 

[Rookie]

No. Nothing on the doors. No visible plate. Very common.

Plates are on the front.

 

[BehindBlueI's]

No. Nothing on the doors. No visible plate. Very common.

Plate is on the front, as allowed by state law.

 

[ashby koss]

That sucks. Glad you weren't hurt. But there is a reason why the back of those trucks usually has a warning to stay back at least 200 feet.

the real reason is that legally With math they can prove that a rock didn’t directly hit your car. If it bounces off the pavement it’s not theirs.... gravity + distance and speed, it’s NOT for your safety or protection, it’s for their wallets.

 

[OutdoorDad]

I was driving down US 36 Saturday and a Tri-Axle was in front of me. He had a load of fill dirt and hit a bump in the road and out came a huge chunk...not sure if it hit the road and bounced or hit directly but it shattered my windshield. I followed the guy and got his contact info and who he worked for, McGill Transport and DOT #. He said he would give boss my info and have him call me. I never heard from them so I called them today, told the lady who owns it what happened and her first response was we are not responsible, if we paid every claim that said we broke their window we would be out of business. So I then asked why they have tarps if they are not gonna use them? She said tarps don't always stop rocks....and I said well they damn sure can't when you are not using them. She then said she owns 2 trucking companies and has 100's of people who claim she breaks their windows......and I then told her if my business got that many people saying I broke their window every year....I would at least try to take 5 minutes and put the tarp over to not be negligent.


I'll be honest. I could care less about the $250-260 it will cost me....but for her to tell me she wasnt responsible kind of pisses me off. What the hell gives these guys the right to drive around with uncovered loads, damage your property and not be responsible?

She lied.
They are absolutely liable.
Like the back of your parking ticket that says "no bailment is created". It costs nothing to proactively deny responsibility.

Call them again. Tell them wire funds now.

 

[Sigblitz]

Plates are on the front.

I never drove right at one.

 

[actaeon277]

She lied.
They are absolutely liable.
Like the back of your parking ticket that says "no bailment is created". It costs nothing to proactively deny responsibility.

Call them again. Tell them wire funds now.

Yup
Just cause they say they are not liable, doesn't mean they are not liable.

And, invest in a dashcam.

 

[Tombs]

I was driving down US 36 Saturday and a Tri-Axle was in front of me. He had a load of fill dirt and hit a bump in the road and out came a huge chunk...not sure if it hit the road and bounced or hit directly but it shattered my windshield. I followed the guy and got his contact info and who he worked for, McGill Transport and DOT #. He said he would give boss my info and have him call me. I never heard from them so I called them today, told the lady who owns it what happened and her first response was we are not responsible, if we paid every claim that said we broke their window we would be out of business. So I then asked why they have tarps if they are not gonna use them? She said tarps don't always stop rocks....and I said well they damn sure can't when you are not using them. She then said she owns 2 trucking companies and has 100's of people who claim she breaks their windows......and I then told her if my business got that many people saying I broke their window every year....I would at least try to take 5 minutes and put the tarp over to not be negligent.

I'll be honest. I could care less about the $250-260 it will cost me....but for her to tell me she wasnt responsible kind of pisses me off. What the hell gives these guys the right to drive around with uncovered loads, damage your property and not be responsible?

You want to use your tarp as little as humanly possible, typically only with fine sand, coal ash, wood chips, or other things that can't bounce in chunks big enough to damage it. An exception to that rule is riprap, because wind can get under large rocks like that and blow them out.

That tarp costs $5k+. It's also very easy to damage.

I recommend not getting close to the back of dump trucks.

 

[BehindBlueI's]

the real reason is that legally With math they can prove that a rock didn’t directly hit your car. If it bounces off the pavement it’s not theirs....

Legal source, please.

 

[Ingomike]

You want to use your tarp as little as humanly possible, typically only with fine sand, coal ash, wood chips, or other things that can't bounce in chunks big enough to damage it. An exception to that rule is riprap, because wind can get under large rocks like that and blow them out.

That tarp costs $5k+. It's also very easy to damage.

I recommend not getting close to the back of dump trucks.

That tarp is required by law, if load may blow or bounce out, as I have been told. Anytime I discuss this issue with a company owner they blame lazy drivers, not the cost of the tarp..

 

[Tombs]

That tarp is required by law, if load may blow or bounce out, as I have been told. Anytime I discuss this issue with a company owner they blame lazy drivers, not the cost of the tarp..

I drove for a company I won't name.

They would chew you out something fierce if you used the tarp when it wasn't absolutely necessary to protect the load. You're already doing 20 things at once with your hands when driving those trucks, holding the tarp switch isn't any additional work.

 

[Ingomike]

I'm not a lawyer but they trucking companies have hid behind the uncertainty of whether the rock came off the road or from the load. Since this is a civil matter it likely would be by the preponderance of the evidence. Dash cam video showing the tarp not in place and the load coming out would likely be a winner...

 

[Ingomike]

I drove for a company I won't name.

They would chew you out something fierce if you used the tarp when it wasn't absolutely necessary to protect the load. You're already doing 20 things at once with your hands when driving those trucks, holding the tarp switch isn't any additional work.

Interesting...