Dump truck busted my windshield

[ashby koss]

Legal source, please.[/QUOTE

my personal and business insurance agents

and

https://www.cantonrep.com/article/20130721/News/307219930


anything else google it.

 

[ditcherman]

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.

I’d really like to see wind get under a piece of riprap and blow it out. That’s a speedy truck, even in a headwind I’m doubting the physics.

 

[ditcherman]

No legal references but all my searching indicates that a tarp is not required, and the only way they’re responsible is if the rock doesn’t hit the ground first, in which case you are following way to close. Not saying it’s fair that a bounced rock is not their fault at all.
I just bought a 40’ frameless dump and in big red letters on the tailgate it says do not tailgate. I can tell you from the few loads I’ve hauled people really don’t pay attention. It’s on them when they’re that close.

 

[NHT3]

I would be happy to have everyone stay at least 200 feet behind me all the time for the simple reason that many are impaired for one reason or another. I've never understood what gives them the right to expect more road than I'm entitled to. Can I toss possibly dangerous things out my window without liability as long as they hit the road first?
While we are on the subject, I lost a windshield a couple of years ago to some maroon with tires sticking outside the wheel wells. There was a time that Indiana had a bumper height law and also a law against tires outside the wheel wells.

 

[moosehead]

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.

Have you ever noticed that most of the signs on trucks that say to stay back 200 ft aren’t actually legible at a 200 ft distance? I used to see a few trucks with that painted across the entire back, but for the most part the notes are smaller than a piece of paper.

 

[CHCRandy]

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...

Yes I did. As soon as it happened we took photo. No license plate visible on back, but I chased them down and got drivers picture and a door picture..thanks for advice.

CM, Funny you said that because I am thinking of waiting on these bastage to come back and doing that same thing.

 

[CHCRandy]

What is the "law" on following a car? What is the distance between vehicles to not get a following to close ticket?

 

[ghitch75]

there is no tarp law in Indiana per the state police....

 

[SAILORGOLF46]

I love the stay back 200 ft BS when the truck passes you going 65+ mph on 465 posted 55 mph. Hard to win.

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.

 

[MnemonicMonkey]

there is no tarp law in Indiana per the state police....

Note per se, but "Failure to secure load" is a negligent action by the driver and a ticketable offence.

https://www.indianapilaw.com/truck-accident-lawyer/unsecured-truck-loads/

Sent from my Pixel XL using Tapatalk

 

[Hkindiana]

The sign on the back of the truck reminds me of the little poem you occasionally see in stores: “Pretty to look at, pretty to hold, but if you break it, consider it sold”. That sign has NO FORCE OF LAW. If you ACCIDENTALLY break something, it is THEIR “cost of doing business”, not YOUR responsibility. My point is, business’s LOVE to put up official looking signs to make you think they have the legal right to enforce them.

 

[tv1217]

Dirt is cargo in this case so a falling clod is unsecured load. No different than if a beverage truck left a door open and a pop can came flying out and busted your ****.

 

[churchmouse]

Yes I did. As soon as it happened we took photo. No license plate visible on back, but I chased them down and got drivers picture and a door picture..thanks for advice.

CM, Funny you said that because I am thinking of waiting on these bastage to come back and doing that same thing.

It is tempting for sure but seriously, don't get caught if you do.

 

[BehindBlueI's]

my personal and business insurance agents

and

https://www.cantonrep.com/article/20130721/News/307219930


anything else google it.

Insurance agents aren't legal sources. Case law, outcomes of civil suits, that sort of thing. Insurance companies often decide they aren't liable and then a court or arbitration decides otherwise.

The difference between a crash and a road hazard/damage to property is if the falling object directly strikes the other vehicle. It doesn't have to be a crash to have liability if the damaging party was negligent. If my tire picks up a rock and hucks it at your windshield, not negligent. Unavoidable and unforseeable. If a truck is overloaded, isn't using a tarp, and is shedding rocks that's avoidable and foreseeable. If you have a little sign that says "stay 200' back" and then pulled in front of me allowing less then 200', what's that mean for who's liable?

 

[BehindBlueI's]

What is the "law" on following a car? What is the distance between vehicles to not get a following to close ticket?

No bright line rule.

[FONT=&amp]IC 9-21-8-14 Following other vehicles; distance restrictions[/FONT][FONT=&amp] Sec. 14. A person who drives a motor vehicle may not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of both vehicles, the time interval between vehicles, and the condition of the highway.

[/FONT]

there is no tarp law in Indiana per the state police....

Correct, but for commercial vehicles subject to motor carrier inspection they don't rewrite the book and use the Federal Motor Carrier Safety Administration regulations instead. Not applicable if you aren't a commercial vehicle.

Commercial or not commercial, there's 9-21-8-48:

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.

 

[Ingomike]

So idiot has a recliner on the top of his car holding on to a rope through the windows (not tied, mind you) while driving on 465. (Saw it.). It blows off, hits the ground, and is struck by following car, but no time to react, are you guys saying that recliner idiot is not responsible? The car that struck it is?

Boat or lawn mower come off a trailer on the road, if they hit the ground, then the car that hits them is at fault?

 

[ditcherman]

Insurance agents aren't legal sources. Case law, outcomes of civil suits, that sort of thing. Insurance companies often decide they aren't liable and then a court or arbitration decides otherwise.

The difference between a crash and a road hazard/damage to property is if the falling object directly strikes the other vehicle. It doesn't have to be a crash to have liability if the damaging party was negligent. If my tire picks up a rock and hucks it at your windshield, not negligent. Unavoidable and unforseeable. If a truck is overloaded, isn't using a tarp, and is shedding rocks that's avoidable and foreseeable. If you have a little sign that says "stay 200' back" and then pulled in front of me allowing less then 200', what's that mean for who's liable?

In this scenario overloaded is not relevant, doesn’t have to be overloaded for stuff to come out. My 40’ dump is physically only half full at legal load of #2 stone. But nothing is coming out of it either because if that. Dump trucks are a different story. My point is just because they’re heaped doesn’t mean they’re overloaded legally in any way.

I believe the way dumps get away from liability is they say “prove it” that it went directly from the truck to the windshield without hitting the ground first. If you can prove that with your dash cam you’re following too close, at least considering material that’s heavy enough to do windshield damage, not limestone fines, dust, etc.

 

[ditcherman]

No bright line rule.

[FONT=&amp]IC 9-21-8-14 Following other vehicles; distance restrictions[/FONT][FONT=&amp] Sec. 14. A person who drives a motor vehicle may not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of both vehicles, the time interval between vehicles, and the condition of the highway.

[/FONT]



Correct, but for commercial vehicles subject to motor carrier inspection they don't rewrite the book and use the Federal Motor Carrier Safety Administration regulations instead. Not applicable if you aren't a commercial vehicle.

Commercial or not commercial, there's 9-21-8-48:

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.

Is there a difference here in intra-state vs inter-state, and who is to obey what rules?

 

[ditcherman]

So idiot has a recliner on the top of his car holding on to a rope through the windows (not tied, mind you) while driving on 465. (Saw it.). It blows off, hits the ground, and is struck by following car, but no time to react, are you guys saying that recliner idiot is not responsible? The car that struck it is?

Boat or lawn mower come off a trailer on the road, if they hit the ground, then the car that hits them is at fault?

I’m not saying that at all. Loads have to be secured no questions asked.
The difference is in the fact that the load is aggregate material, and two chains or straps per stone really can’t apply.
A tarp law would make sense, but there is none for the state. IIRC Carmel really enforces tarp laws though, and it’s rare to see an untarped load there.

 

[indyartisan]

I had two dump trucks pass me on the right doing about 10 over the flow of traffic on 465 yesterday.
They were dropping debris from under the truck (mud, rocks etc.) from where they had been off-road.
How do I stay 200’ back?