Dump truck busted my windshield

[HoughMade]

Legal source, please.

my personal and business insurance agents

and

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


anything else google it.

I always get me legal advice from insurance people....

All I'll say is this: if I represented a person whose vehicle was damaged by rocks or whatever that fell off a truck and hit the ground first, I would not be too worried by this "defense" in Indiana, at least.

 

[510picker]

I always cringe when I see a dump truck ahead of me on 465. I do the same when I see a muddy tractor, dozer, backhoe, etc., on a trailer. As soon as they hit an expansion joint or pot hole, debris starts flying off. I always speed up and get around these as quickly as I can.

 

[BehindBlueI's]

In this scenario overloaded is not relevant, doesn’t have to be overloaded for stuff to come out.

Overloaded as in piled high enough to "leak", not as in over weight.

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

I don't know. If I want the CMV rules enforced, I call a guy who's trained in how do do the CMV inspections. I can write tickets under the state code, of course, but I'm not venturing out of my lane into CMV-specific enforcement as I'm not trained for it.

I always get me legal advice from insurance people....

All I'll say is this: if I represented a person whose vehicle was damaged by rocks or whatever that fell off a truck and hit the ground first, I would not be too worried by this "defense" in Indiana, at least.

What if the insurance agent said "not our fault?" Then you'd just go away, right?

 

[Ingomike]

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.

Wouldn't the law would apply equally to any load no matter the particle size? If a trencher fell of a truck, hit pavement, then a vehicle, how is that different a rock?

Do trucks have any responsibility for massive globs of mud and rocks falling off the truck as they drive? What about falling off the backhoe on the trailer?

 

[4651feeder]

Wouldn't the law would apply equally to any load no matter the particle size? If a trencher fell of a truck, hit pavement, then a vehicle, how is that different a rock?

Can't help but think proving ownership (hence responsibility) of a trencher falling off a vehicle would be more definitive than a rock or dried mud clod.

Real world experience that I witnessed. A semi was driving late at night and came upon a piece of metal in the highway that actually blended in with the pavement quite well and wasn't visible until the last moment. The semi clipped the piece of metal with a tire causing it to flip up into and breaking the side window of a car in the left lane next to the semi. The car driver was furious and wanted to hold the semi driver wholly responsible for any and all damages. The semi driver reasoned if the car driver was not able to avoid a hazard driving down the road, then he shouldn't hold the semi driver responsible either. Who should have bore the brunt of damages in that case?

 

[CHCRandy]

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

Yes sir. Not worth me getting in trouble over making a point......I just may file a small claims case just to make em rethink their response when this happens.

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 once had a wheelbarrow fly out of my truck in a curve and slid across into oncoming traffic and smacked a nice new Lexus in the drivers side door. I could have kept going, or I could have said people say I damage their vehicles all the time, not my fault. I instead apologized profusely...offered my insurance and contact info and offered to pay for the repairs if insurance didn't. You know they never filed against my insurance, never called for payment or sued me, I like to think that may have been because I took responsibility and offered to do the right thing. That's all I really wanted was for dump truck owner to say sorry......instead of calling me a liar.

Hey, I am that guy if I damage your car in a parking lot....I leave my info. I am a firm believer in karma, and I need no more bad karma in my life.