Warning! Not Responsible for Broken Windshields! - Lehto's Law Ep. 3.43
Vložit
- čas přidán 25. 07. 2017
- We've all seen the signs on the back of rock trucks - claiming they are not liable when rocks from their trucks break windshields on cars. I explain why the signs are false and what you can do when one of them breaks your windshield. There is a podcast of this video: / warning-not-responsibl...
www.lehtoslaw.com
@stevelehto
Once caught a broken bat just before it hit a young boy in the face at a Marlins game in Florida they kept showing the replay on the jumbo tron his dad kept shaking my hand and thanking me when an usher came up and asked me to follow him to the dugout I gave the piece to the kid. Once in the dugout the batter gave me a big hug and signed another bat along with the rest of the team and I got to watch the rest of the game from the dugout.
A priest, a dash cam, and a rock walk into a bar. The bartender looked at them and said "Where's the windshield?".
Under CoVid, I am currently preparing for the bar exam at the Steve Lehto School of Law
lol
I remember back in the early 60's. My dad and I were traveling on an intrastate (not interstate) highway. As we approached a "gravel" truck from behind, I noticed a baseball-sized rock lodged between its dual rear tires on the passenger side. We eere traveling at 50 mph.
I mentioned it to my dad, and he immediately pulled over and stopped.
When I asked him why we were pulling over, he explained it to me.
He said, at the speed that the truck wheels were rotating, if that rock dislodged itself, it'd be like a cannonball. He waited until that truck was completely out of sight before resuming our trip.
It was a lesson I've never forgotten.
i wonder if mud flaps were required back then
Not mentioned: Even if truck is unloaded, driver has responsibility to NOT have any loose gravel.....etc flying off his truck (includes trailer landing gear).
As a former dump truck driver it is the driver's responsibility to secure the load! I always tarped my load and after a reload I made sure to sweep the spreader lip and the sides of my bed to do my best to insure nothing can fall off. It still can happen but I did the best I can to prevent it! Most dump truck companies pay the driver by the load. More loads mean more money so a lot of drivers take shortcuts to get more loads. Having said that it is also easy for anyone to say a rock fell off.
I had dascam video. The trucking company refused to pay for my windshield because they said the rock bounced off the road before hitting my windshield. However, the day after they were served, they paid the amount sought for damages; windshield, filing fee, and service fee.
I laugh at these signs every time I see them. You can't stay back _twenty_ feet from a truck in California without someone else inserting themselves.
Never mind that you can't read the sign until you're 20 feet away from the truck anyhow.
So? Let them insert themselves. It's not that important. The point of driving isn't to get where you're going first, it's to GET there.
It happened to me years ago and several other people on the road. The trucking company ended up paying for 27 windshields. As well as the state DOT officer stopping the truck about twenty miles away and seizing the truck because it was unsafe for the road. It helped that the weightmasters windshield was one of the worst broken hit by six rocks a cracked. It was something like $20k in fines the owner had to pay.
They usually have an automatic cloth cover that is required up here in Canada. Unfortunately, some of them don't use it because it it is either broken or just full of holes. Dash cams folks, they're cheap easy to use and everyone should have one.
In Florida you can be cited for not having a functioning canopy. And if you have too many holes and tears statey can take shears and destroy that canopy and force you to buy a new one. DOT can be an asshole if you stir that nest of hornets.
A couple of points from a truckdriver. Yes, we are cover by federal laws, BUT we also have laws in each state that can differ from federal law and other states. The real drawback to the federal rules is that the Federal Motor Carrier Safety Administration doesn't have to get a law passed through congress. They can simply write a new regulation. That's why a trucker using a handheld phone is liable for a $2750.00 fine where as most states have not gotten around to banning the usage for automobile drivers. The other issue is that, yes while we are responsible for load securement, I never follow a gravel truck because they can have rocks come out. I also avoid log trucks and any truck that is not enclosed. Pickups are especially dangerous because the frequently have stuff in the back that might blow out. It's always important to check out all the other vehicles on the road for possible hazards. Thank fro this and all your videos. I find them quite interesting and informative.
I had a windshield cracked by someone with one of these stickers on it. He didn't want to pay because he claimed that sticker protected him. Sued him in small claims court. I won and the judge wasn't amused with his argument.
Whatever dude. It would’ve cost you more to go to small claims court then to fix see your $200 window. Note to everybody here. Stay the hell away from semi trucks. If you see one don’t tailgate them! Get away from them especially if they are hauling some kind of gravel or rocks. If you get a broken windshield because you’re tailgating one of those trucks than you are at fault I just had a lady today try to say that our trucking company caused her window to be broken.The gravel that we haul isn’t even 1/8 of an inch. Very tiny. We also had it covered and we to have a sign that says to stay 200 feet back. She had time to drive 75 miles an hour to take a picture of the side of my semi truck now how dangerous is that? And you can tell the crack on her window was old! I told her she can’t randomly just choose a truck off the freeway and call them and say that her window was broken by then especially when it’s obvious from the picture that her crack was old. When I called her out on that she told me to have a nice day. So all of you idiots claiming that your window is broken by a truck why don’t you get some smarts and stay away from them
@@truckingwithtobee too bad for you that another vehicle not staying back 200 ft isn't a defense. Secure your load if you don't want liability.
Mark Davis The load was 💯 secure. The rock that hit her was already on the road and was kicked up by our semis tire. We are not liable for that.
@@truckingwithtobee well, you seem to be attacking me because a rock truck driver didnt secure his load and my windshield got cracked. That's what I was referencing
I had an incident when the car I was following swerved out of his lane to avoid an object in the road....unfortunately I hit this object and it took off like a frisbee towards an oncoming vehicle , narrowly missing the oncoming vehicle. When I stopped up the road to get fuel I noticed a large slice through the rear door and other surface damage.I went back to the incident scene and scoured the grass to find a dinner sized plate sized piece of engine block.There no need to get the hounds out , as I followed the oil trail to the offending vehicle (a garbage truck owned by a major company). I went to there depot and spoke to the manager who agreed they were responsible.He wanted the section of engine block back.......No not until my car was repaired and back on the road.I lodged the claim and the vehicle was repaired...I was just thankful the driver going the other way was no decapitated as this bit of block was razor sharp around the edge. NB I still have the broken bit of block.
Moral of the story: if a gravel truck breaks your windshield just follow the truck and break their windshield and leave.
Because violence solves everything? Jesus!
2 points (1) 200 feet is nearly 12 car lengths- that's a huge distance and unrealistic on the highway with cars merging in front of you, and then if they stay 200 feet back, you will be going slower with each vehicle that merges onto the highway. Many universities and the U.S. National Academyof Sciences has shown that anything more than 50-75 feet (depending upon road conditions) between vehicles causes a butterfly effect of slowdowns that leads to multiple highways and connected roadways to slow down. Which takes a 70% decrease in incoming cars to resolve (rushhour on highway leads to slowdown on local roads) (2) Trucks must cover their loads- as stated by most state and federal DOT regulations. So if they've overloaded or have a hole in their tarps/covers- they shouldn't be on the road- plain and simple. At 300 feet away, gravel falling out of a truck is still dangerous to anyone else on the road.
I have been the driver of the truck hauling gravel, and have been pulled over by a highway patrol, at the request of a vehicle with a broken windshield. The highway patrol examined my vehicle and there wasn't anything falling off my vehicle at that time. He then told the driver of the vehicle with the broken windshield that if he could'nt prove that the rock that broke his windshield went directly from my truck to his windshield, it was road hazard. So if the rock in question bounced off the road before it hit his windshield it wasn't my fault. I think I got lucky that day, and the guy with the broken windshield was just an asshole. I'm glad the police officer wad on my side, I was only making $15 per hr, it would have cost me a day and a half of wages to pay for the windshield. You have to love the CDL License, where it took the liability off the company and made it my fault if there are any defects in the equipment. It makes it hard to make a living driving truck for a living anymore, and they wonder why there's a shortage of drivers.
In the case of the rv there is the issue of where a rock comes from, and where a grill comes from. The rock could have been on the road as a road hazard or it could have come from the truck. You can't ticket or charge someone for something that might have been their fault, you have to prove it was their beyond a reasonable doubt. The grill was clear cut as to who was at fault, and though they were injured the family would have been able to affirm as much.
Regarding rocks from gravel trucks. Up here (Ontario, Canada), if it comes off the tires it is an 'act of God', if it comes from the truck box it is 'an unsecured load'. There is a fine attached to an unsecured load and it is NOT cheap.
I'd be the dummy having the best time in my life looking to catch the ball!SMILE! Great video from beginning to end.Thank you Steve. Once again...you learned me to protect yourself with some type of dash cam equipment. Never a boring moment....and for that I THANK YOU AGAIN❤
As an adjuster most windshield cases were about $600 and just paid as cost of doing business. As for the signs. they do work as a preventive measure. No one can keep back 200' or what ever all of the time. In the grand scheme of things the awareness from the sign probably saves enough windshields to be worth their expense.
Hey Steve, just a note to tell you how much your videos are appreciated.
They are thought provoking as well as a treasure trove of info to the average person..
Thanks for all you do on your great channel.
Dan
When I retired, I always wanted to drive a Semi, dont ask me why. One night on I-75 40 Miles from Georgia, I had a Trailer tire blow its tread it hit a car (nice), It almost totaled it. The State Hwy Patrol, told me that no one was responsible . He said it was considered a Road Hazard.
Our company would pay all funeral expenses, when it wasnt the drivers fault, and 99% of them was not the drivers fault. The ones that were Im sure it was mucho money, all according to how much blame was assigned to the driver.
+Charles Miller
It's in the companies best interest to assert the accident was no-fault in order to keep their insurance rates low. You'll know they think it's the driver's fault when he gets laid off shortly after the case is settled.
In the Trucking Industry, when there is a accident, think probably happens in other places to, The Court will assign % of blame, they may say . The car driver was 95% at fault, and 5% truckers fault, say one light was not operational, bingo. I had a accident, they took 350 pictures of my Rig, But that 5% can become millions. Most Large trucking company's are self-insured for 7 to 10 million, otherwise they could not be in business. If you hire a driver with less then 2 years, it costs around 1200.00 a month, but after 2 years its the same as any driver, no matter how long they have been driving. And the new drivers wonder why they dont get paid as much ! I worked in the safety dept, of a large co. I saw some really terrible stuff. Hint dont ever hang out while driving beside of a truck. Period. They are Huge and made of heavy steel, today's cars are no match.
I spend as little time as possible next to a semi on the freeway. Running over dead deer in the dark is exciting enough for me.
I had a friend truck driver that had to watch himself committing a fatal accident. At first it was a no-fault, then later he got fired. That's really all I'm basing that on.
I love my job as a truck driver but so many people out here are so blasé about their actions that I will get minor burnout every few weeks. I am thankful for the number of years and miles I have covered without anything too major in my safety record.
You have to be 50 ft behind the truck to read a sign that says you need to be 200 feet back.....lol
IF your eyesight is good!!! Lol
Then you shouldn’t be held responsible if your clothes fall off and you go running naked around the outfield
It’s part of the game
I thought to myself at the beginning of the video, there is no way I'll watch this until the end. But I did. I appreciate Steve's fast talking and fact filled, interesting videos.
I had this happen to my H1 Hummer and though I had no dashcam, I immediately called the state police and they pulled the trucker over about 5 miles down the road. He received a ticket for unsecured load and the trucking company paid the $1,000for the new heated window glass
i own trucks, and i have some gravel trailers. you are correct that the load needs to be secured. you cannot have gravel flying off your load, however, many of the rocks that fly up and bust windshields. are rocks that get stuck in the tread of the tires driving on the gravel roads and then flys out of the tread going down the road. if the truck had legal tire coverage and mud flaps a rock that comes off a tire is a road hazard = not responsible. a rock that comes off a load could be considered negligence. you need to have proof if you approached me to pay for a windshield. one time i had a guy stop me and say i broke his windshield i asked him for proof he had non so i told him well tough luck then. come to find out he stopped 4 other people that same day trying to blame them for the same rock chip. i go threw several windshields per year. no one has ever paid for a single one of my windshields. its best to just keep your distance.
by the way if anyone ever called me and said that i broke there windshield. they had dash cam footage with or without a priest as a witness, i wouldn't hang up on them id just ask them to send a email with the dash cam footage along with a repair estimate and a mailing address. assuming its my truck in the dash cam footage i would gladly send a check for the damage. the problem with just paying for windshields without any proof is anyone with a broken windshield can say you did it weather or not you did. could have been another truck on the same job that might contain 20 different sub contractors, could have been broken months ago and they just thought they could blame it on you ect.
My dad used to drive a dump truck. One thing he used to talk about is how dump truck drivers are required to "tarp" when they are hauling a load. As long as they do that, they are not responsible. However, I've seen some that don't tarp, and in that case they are responsible.
Funny thing, the same month/year that you made this video (July 2017) I was in Utah and a truck dropped some rocks onto the highway, resulting in one chipping the window of the rental I was driving. I didn't get it on dashcam (although I do have one, just not on the rental I had that day) but I did take a series of pictures (from behind the truck, the side of the truck, a screen cap of the map app I was using, and a pic of the damage). I called the company and they put me on with the owner of the company. His first response was "I'm sorry, there's nothing we can do" but after I mentioned I had pictures, he quickly decided to take me seriously and talk about it. I sent him the pictures so he could see that the cover for the truck wasn't over the trailer. He tried to play a game of "the truck was heading East which means it had already dumped it's load therefore we're not responsible" but after further conversation, he ended up sending one of the companies he uses for chipped/cracked window repairs to our hotel and fixed it at his expense (which was great because Enterprise Car Rental would have charged me A LOT to fix it).
3:32 No, the load would not be insecure; that means the load feels vulnerable. Try unsecured.
Rocks get stuck in the double wheels on the back from forest and construction type 1 roads and fly out at speed on the open road
and if they have the propper mud flaps they may not be liable . but most states if not all require truck loads to be properly secured and even wheells cleared of mud or dirt leaving construction or quarries. i got forced off i 75 by a/c co truch who didnot have ladders secured on the rack. bungie cords cannot be used regularry they dry out in a few weeks. i was ok the truck came back but fhp gave him a citation . debree from trucks often occasional loads do a lot of damage and deaths
As a Commercial truck driver, the only thing that can fall from your truck LEGALLY, is feathers and clean water.
I used to haul tomato waste to dairies. The liquid that would come from the gate was clear so I wondered if that was considered water and it was okay if it leaked. I made an anonymous call to CHP to clarify. I explained what I was hauling and what was leaking and the officer asked would I drink it? I said oh hell no. Then he said it is not water LOL
IMHO I believe nothing should fall from your vehicle period.
Mr. Lehto,
I have recently found your CZcams posts and have enjoyed them and found them to be informative. This morning, I watched episode 3.43 “Warning! Not responsible for Broken Windshields!”. Your description on how and why the warning sign was not valid was informative. I live in Florida and have experienced the joy of being behind a sand truck that did not secure its load. Driving behind such a vehicle can get your paint job sandblasted by the trucker’s load of sand.
Thinking about your scenario made me start thinking about an opposite viewpoint. This opposite viewpoint was this “Was the car driving 200 feet behind the truck operating in a safe manner?”
I am a semi-retired engineer. I spent over 30 years working as an engineer for the Florida Department of Transportation. During those years there was a constant focus on making the highways safer. With that in mind, here are a couple of numbers to ponder. At 70 miles per hour (posted speed limit on most Florida Interstate Highways), you are traveling at 103 feet per second. The Florida Drivers Handbook states that you keep a minimum following distance of four seconds (412 feet at 70 mph). Being 200 feet behind a truck gives you less than two seconds to react to a problem. So, if you are driving at 70 mph and are 200 feet behind a vehicle that may be kicking up or losing gravel and you are aware of that condition, are you driving your vehicle safely?
Driver handbooks say 2 seconds, defensive driving training recommends 3 seconds. If this was your job, then you know that at many times it would not be practical for vehicles to all be 4 seconds apart. If the following distance is to have time to react, what would your proper reaction be to a rock that you can't see coming?
But how can you prove that something "flew off a truck" as opposed to the item being on the road and being "kicked up" by the tire... and would the truck still be at fault ?
Two people who never get pulled over: Dump trucks without covered loads and Harleys with illegal pipes
I was driving down I 75 and came upon a semi truck hauling rocks the size of golf balls. The back door on the trailer was only secured on one side and rocks were bouncing down the expressway covering all three lanes hit my windshield and put a star the size of a baseball in the center of my drivers side windshield. I followed the truck off the ramp to get the name and phone number for the trucking company. I drove to the trucking company and they reimbursed me for my windshield replacement After I showed them the damage.
Its like the sign "Not responsible for accidents or injuries"... Hanging up a sign doesn't remove liability...
Steve, I got to tell you , I stumbled on your channel and I'm absolutely consumed. Watch almost every video. You do an amazing job. I've been driving tractor trailers for 40 years , and I have heard it all, I once had a man follow me until I stopped to tell me I threw a rock on his car and caused damage, however the damage was so severe that it could have only been caused buy a 3-ton granite Boulder! In our area dump trucks have the sticker that says stay back we don't buy windshields. Try as I may not to be bitter about what truckers in the industry call four wheelers, I personally think it's worth the cost of a windshield every now and then just to get that giddy feeling of Revenge! Just kidding, keep up the good work
Stumbled across your videos
Love them watch almost daily
Thanks
In PA there is an exception to trucks leaking their load. I always thought that it was funny that it was actually written into the law. Feathers from a chicken hauler!
That sign is irrelevant, agreed. But, the rock that flies up in the air is most likely one that was on the road and was spit into the air by the tire. That stone may have fallen from a truck previously or be part of the road that has come loose. Roads are made of gravel, both asphalt and concrete. I've had my windshield broken four times, twice by cars, once by an empty flat-bed truck and once by kids throwing a rock from a turnpike overpass. I've seen gravel fall from a moving truck in front of me and while scary it only bounced about a foot or two high and then skidded along the ground. The trucks responsibility is to have good mud flaps that go low enough to do their job.
I've seen gravel haulers with debris on the fenders and ledges framing the bin. I guess if they fill the bin with gravel and miss, many end up on the fenders and framing. Also, blast area is not only 200 feet. I've seen gravel bounce and head over to the other side of the freeway. Oncoming traffic at 65mph will surely crack a windshield.
You have actually answered own question here - It may have fallen from another truck - Would it have fallen had the load been covered?? if it could not have fallen, then a subsequent vehicle could not have kicked it up.
As to materiel falling from guards and other exposed areas of the vehicle, then the same laws apply - Dust off before entering a public road or wear consequences of an unsecured load.
I work on those trucks...A lot of the windshield damage is directly a result of the large lug drive tires picking up gravel off the road and slinging it, not from coming out of the bed..Yes there are mud flaps ,but the rocks still ricochete and bounce up toward the windshield..This is considered road hazard and is not the companies liability.
Tire threw it if tire hadn't run over rock it would not become a projectile. Not sure how you equate that to there being no cause.
Fact is trucks drive erratically and speed all the time. They pull out in fast lane constantly to save themselves 2 min by costing other drivers 10 min that are trapped behind.
Hiw about trucks should just drive 55 mph all time and use right lanes like in California?
Steve. I had an incident happen in a big box hardware store parking lot. I talked to their legal office and they quickly stated that they were not responsible for anything that happened. After making sure that they owned the property, I then sent a letter asking for their legal representative in my state, because I planned on filing a lawsuit for a little over 500 dollars. This was just enough to replace my damaged bumper. Couple months went by, I them received a call saying that I would be receiving a settlement letter in the mail for the full asking amount. It was nice to stand up to a huge corporation and have my voice heard!
Had those on trucks near KC. My friend and I used to joke we should make a sign to put up when we passed one of those trucks that said "Stay back 1/4 mile, not responsible for gunshot wounds"
Thank You for all the work you do!
Former truck driver. Roll off, think big dumpsters for construction, and semi, van and flatbed. Roll off, like dump trucks, each load is to be secured. Securing the load generally means tarping it. Bouncing around going down the road with a tarp that isn't perfectly sealed, may allow things to fall out. The world isn't perfect. Stay back 200 feet may not be legally binding, but I give them plenty of space. I know accidents can happen, and some drivers are idiots.
Another home run , really well done always appreciate the advice and great content👍✌
I learned something from this video Steve. Thank you.
What about those signs at the supermarket that say: "Not responsible for shopping cart damage."
Did the shopping Center cause the trolley damage to your car?? or was it that inconsiderate Prick that was parked beside you??
Trolleys are provided for your convenience, and are not a requirement (though it may be a little foolish to have a large shooing center without trolley's) it is up to the user to be responsible for the proper use of the trolley - If you are worried that your car may be damaged by a trolley, then best park someplace else, because it is only a matter of time.
Steve - I'm glad to have discovered your videos - they are informative and entertaining! (No baseball for me, lol).
never follow a gravel truck. It is not the rocks off the load that cause trouble ( although it can happen ). It is the stones stuck in the treads of the tires that do the most damage. The most dangerous situation is a large rock caught between two tires that releases at high speed. Stay back.
I've had my windshield damaged by trucks 3 times. I knew there was no possible chance to get the trucking company to pay for it, but what I didn't expect was for my full coverage insurance to "repair" the windshield instead of replace it. What this amounted to was a windshield guy filling the pit with epoxy that is exactly as noticeable and hindrance to my vision as the chip itself was, but it won't spiral out into a crack. I found this to be pretty annoying since the entire point of free glass replacements in comprehensive policies is that because driving with a damaged windshield makes you an inherently less safe driver because your vision is impaired.
My take away from this has been to not have the last chip repaired and wait for a crack to form... My to my annoyance, it's been about 10 years of waiting.
One way to speed up that wait is to wash your car on a really, really hot day and accidentally spray the windshield with cold water.
This is all well and good, but what about a sign in my yard that reads: "WARNING: STAY OFF LAWN. NOT RESPONSIBLE FOR HOMOCIDE"
lol
That would still be murder. When it comes to defense of property, it's all about proportion.
Question: My vehicle was birdshot sprayed with rocks and debris due to a semi truck, MISSING A MUDGUARD/MUDFLAP ON ONE SIDE OF HIS RIG, cutting in front of me to pass a slower passenger car in the slow lane. State law clearly states;
No person shall operate upon a public highway or street any motor vehicle, including a separate truck tractor (normally used in a tractor-trailer combination), or combination of vehicles having a carrying capacity in excess of three thousand pounds (3,000 lbs.), if the motor vehicle or combination of vehicles is not equipped with rear fenders, mudflaps or mudguards of such size as to substantially prevent the projection of rocks, dirt, water or other substances to the rear. The fenders, flaps or guards shall be of a type approved by the commissioner of safety.
Windshield was cracked as well as dozens of fresh paint chips and cracked emblem on the grill.
I am just wanting my car fixed to its previous condition, I do not want any more/any less than that. Just want my vehicle repaired. What is my best course of action? I have video of the truck after it cut in front of me, you can clearly see the missing mudguard and you can hear the semi spraying me with rocks, dinging my windshield with pebbles, sounding like hail. I could not get over to the slow lane because of a vehicle he passed being there. (it was spraying both lanes anyways). Thoughts?
I can’t imagine baseball being played at a slooowwwer pace. 😴
The baseball deal is sort of like the hunting laws in my state. If you allow someone to go hunting on your farm and the hunter falls out of his tree stand, or gets shot by another hunter or injured, the land owner isn't held responsible , but if a trespasser is injured on your farm there a good chance you will be held responsible.
Was on our way to Florida and passing through Nashville TN at about 2:30am only other vehicle on the road was a semi hauling milk, the back doors were flapping in the breeze and milk crates were falling off. I managed to slalom around most but hit one, took out the front right break line, of course I didn't notice it right away, on the freeway no need for breaks. Pinched off the line with a pair of vise grips and had it fixed in Mason GA. The next morning.
Used to work for a trucking company that occasionally made residential deliveries. Their trucks occasionally ripped down low-hanging cable and telephone lines running across the street from the utility pole to the house. Our drivers laughed when that happened. Our terminal manager laughed when people called up complaining about what our truck had done. One ripped-down line also took out a bunch of siding on the house since it was installed under the siding. We told the homeowners, it wasn't our fault, it was the fault of the cable company or telephone company for having their line hanging too low crossing the street.
I was getting ready to go on a trip into outback New South Wales (Australia). On the Friday morning I had a new windscreen fitted to my car. I set of on the trip with three mates late on Friday night, early Saturday morning we were only sixty odd km's from our destination, when a truck with a low loader (flat bed) with a scrub clearing chain(two massive steel balls and heavy chains,dragged between two dozers) passed us in the dark with no lights on. He hit a bump in the road and showered my car with rocks, breaking the windscreen in several spots. I turned around and caught up with him flashed my lights and he pulled over. He was hesitant to discuss the damage, but a Highway Patrol car drove by and I suggested the officer might sort it out We discussed the damage and he agreed to pay, I still had the receipt in the car. He produced a cheque book and wrote a cheque for the total amount......"This isn't going to bounce is it ??" he said Nooo as my mate produced his Police ID.
I used to work for a glass company and we replaced a number of windshields billed to a a road construction company who hauled a lot of gravel. So sometimes they do except responsibility.
When I'm bored I just come on here to learn a few things haha
Steve, I think that "baseball rule" should be thrown out (!) because for a great many years it's been possible to hang protective netting. Also, it presumes that the only folks attending the game bought their own ticket, and that they possess the alacrity to dodge or catch a hot potato coming directly at them at a mile a minute, or faster. I bet you can remember playing shortstop and loosing a line drive in the Sun for a moment. Pucker factor off the charts! Go to hockey venues to see big examples of the nets..
You may recall a local lawyer named Larry Korn (sp) who gave his pro bono on the radio talk show Ask the Lawyer on WXYZ which later became WXYT. I remember a caller came out of a modest West Side neighborhood grocery store to find a cart hard onto the side of his car. He got the manager to come out for a look. The manager pointed to the sign on the wall; "Not responsible for damage to vehicles in this parking lot!" The manager claimed the the parking lot was offered as a convenience to their customers to use at their own risk. Mr. Korn told the caller that that was hogwash. He explained that a business that supplies a specific parking lot for it's customers creates a bailment, and can't avoid responsibility no matter how many signs they post.
BTW Your channel is now in my top ten!
Dick Horner when you buy your ticket. you can choose to sit .in a section that has a much lower risk. of what ever. I know before they put nets up for hockey games I would sit in section where pucks would land all the time. because I wanted a souvenir. the times I was hit where the times I wasn't paying attention.
Lemoore California - mid 80's bullriding event: bull jumps out of the ring and gets into the parking lot. Bull gets on top of cars and starts running around on hoods and windshields - breaking glass and crumpling sheet metal on dozens of cars. Fortunately they didn't have a warning sign, so I'm sure everyone got compensated.
When i worked at a concrete plant that also moved crushed stone, if anyone called them up and claimed their truck damaged their car, if it actually was carrying what they said it was they would pay out. They absolutly did not want their insurance getting involved, they were paying 6000 dollars a day in insurance, and a claim would raise that up like to 7000 dollars.
I was behind a tanker truck one time in Nashville, TN and I was over 200 feet back fortunately. All of a sudden one of his tires exploded and big hunk of rubber tire was thrown well into the air 100 feet or so. This was at a high traffic point on the interstate so it was a dangerous flying object. Fortunately for me I just out of range and the tire hunk feel harmlessly in front of me. I can say even if it is not a legal sign you will do yourself a favor by heeding the warning. With regard to a broken windshield I actually has one broken by a rock coming from under the tire of a dump truck. I called the insurance company and they didn't even pursue it. They just fixed my windshield and like all insurance companies they just raised my rates down the road so I paid for it indirectly.
Yes that is where the rocks come from on big trucks out of he tire reads way more that off the bed of the trucks but it is considered road debris and the truck owner is no liable even if it clearly dropped from the underside of the truck
I was driving a tractor trailer truck and a retread on my tractor rear tire sheared off flying well off the road surface like a 12 foo long whip as a small car was passing me . I saw the horrid scene , unforgettable in my drivers side mirror but fortunately the retread fell behind the car I guess because the car still passed me
Yea I dont even bother to report anything to the insurance company if the police aren't involved .
The other side of the coin is little Johnny breaks your windshield at home while playing. And I've overheard MANY people say... "Just go get behind a gravel truck and say it came off his truck". People do that! That's why trucking companies are not very willing to pay for windshields. The other issue would be a road hazard. Did the truck pick up a rock from the road? Neither the driver or the company is responsible for that. But Steve is right, a sticker doesn't remove any responsibility for an unsecured load. And anything short of having video proof probably isn't going to get you very far. Because people do lie, and trucks do throw stones they have picked up off the road. I've been on both sides of the fence. I had a guy with an enclosed trailer hauling freight, break the windshield in my gravel truck. I saw the rock come out of his tire, road hazard! Nothing I could do about it. I also had a lady tell me I broke her windshield. But there was a problem with her story. The truck was empty. And my company was going to pay for her windshield! I told them not to do that. She called them and told them where and when it happened, the direction we were traveling. I showed the company my TIME STAMPED paperwork. It proved I could not of been loaded. So maybe I picked up a stone off the road? Or she was just lying to get a free windshield. She insisted it came off the top of the truck. But the truck had nothing in it. So she was lying! And that's why you often get a rude response from a trucking company.
Following a gravel truck is not where the danger of broken windshield lies; the gravel that falls off is traveling in the same direction as the truck at nearly the same speed, however the oncoming traffic is meeting a gravel that will impact with the combined speed of both vehicles. I have had several windshields broken when meeting trucks on the road but only one following a truck and it was a rock that had been stuck between the rear duel wheels of a box truck.
Most flying rocks come off of the wheels from debris that was already on the road. This can affect vehicles in either direction.
Steve I loved this video. On the baseball rule, you are correct but I know of a couple of incidence where someone was hurt by a ball or bat where the ballpark outdoor offer some compensation for being hit by ball or bat. Not the rule but can happen.
Having to file a comp claim due to a rock hit stinks since it counts against you. We weren't able to get into the cheapest USAA bracket because of a windshield comp claim and a hit and run in a parking lot. I would have been better off paying out of pocket.
Great discussion Steve. I wonder how many bogus claims have been made to trucking companies simply because they were trucking companies which is probably why the burden of proof is important. The baseball example is far different as I am more likely to simply fall asleep after each pitch when they step out and adjust their helmet, jock, pants, gloves, and look down at the third base coach. :)
In Tennessee by law gravel trucks have to have a cover over their loads. Highway patrol will issue the truck a ticket if they see it doesn't have a cover.
this makes me ask what about signs at laundromats that say not responsible for damaged lost or stolen laundry? particularly if there is an attendant working there if stolen
/damaged /lost occurs while someone is working there. also what about not responsible for accident signs in stores/businesses.
I used to be a news photographer in Cleveland in the early 1990s. My seat was right behind the on deck circle on the field. Cleveland player Albert Bell threw a bat at me once. I ducked and it missed me. A few months later he threw a ball at a Sports Illustrated photographer that he was mad at. That guy git $35K. Later that season the player threw a ball at a fan who was heckling him. He also got money. There also was the danger of fans falling on you from above who were trying to catch balls. And then there was always the chance of having Sparky Anderson a few feet away from you as he was giving the umpire a face to face chat. Right before he was ejected. Love listening to you steve. Paul M Walsh
Thanks Steve!
One time was returning from a job in company van with a coworker down 696. Out of nowhere a came a pigeon off an overpass and smashed the windshield. We suspect the bird was dead before it hit us.
Some trucking companies would claim that the truck was hauling sand and not rock, not realizing that every load that they haul has this paperwork called a manifest that tells what, where, and when they were hauling, that’s why it is important to get the truck info and time it happens!
I never got into watching millionaires play a game with a ball in stadiums built with my tax dollars.
Does this apply to rocks thrown by a tire..such as gravel or large rocks picked up by tire tread or between dual wheels and then released at speed later on the highway?
Steve!
You probably don't remember me but about a month ago I told you about my 2016 Kia soul where the clutch burned out at 5000 miles well guess what they fixed it and I'm selling it zero cost to me thanks for your support and help you are so smart I love watching your videos I am so glad I stuck to my guns
Cool. Thanks for the note.
My boss man handled it well. Broken windshield if it bounces off the ground then it’s a road hazard if it fell directly off the truck then you were following too close.
If it bounces off the road, it still fell out of the truck
Yeah it's witty, but wrong. As a truck driver, I'm the one responsible for any loads. Part of your pre trip is to make sure no rocks are on the landing gears, trailer (such as flatbeds), or on your tarp after you're loaded.
Just a question, you have the video and the witness and the car is clearly following to close to they get fined?
Good information.
All my vehicles are now a little older, paid for, and I can afford the risk of not having Comprehensive Insurance. I am semi retired with lots of free time and usually have a dash camera. The gravel companies don't even sweep the tailgate with several inches of rocks piled up. Have dodged flying rocks many times. When one finds its mark I will file in a small claims court. My plan will be to have the owner, driver, manager, loader operator, scale attendant and guard supenaed. It won't be so funny or inconciquencial when the whole business is closed to be in court. The judge will rule in your favor at the 3rd no show.
English is why I was a farmer not a dentist. College a in all science and math with enough credits to graduate but never passed 101 english. Now this thing puts what it wants when spoken to.
The question is how much would all that cost you? I've never been to court to know what it costs to have subpoenaes (sp?) Issued nor know what it costs for filing. But I would think it could cost more than shelling out $500 for a windshield. I've also heard of situations where even if you win the defendant refuses to pay the bill. Then you have to pay more to collect.
What if the rock is from the road or just from fallen off another truck on the same road ?
Who has burden if proof ?
Had it happen twice. I just called my insurance and they had my windshield replaced at no charge to me. I didn't even have to drive anywhere. They came to me.
I’ve always wondered at baseball stadiums why they don’t extend the nets down the first and third base lines those are the hardest hit balls in the game and they rip right into the stands
On my car, the windshield is cheap enough to replace, that it wouldn't be worth the effort.
There are more options than just a windshield, though! I got a fairly costly sharp gravel problem. It went and busted a tire, and between that and driving over dumped gravel while getting off the road, that rim was messed up, too. It was a little over $400 to get a new matching tire (oh, and the tires were just over a month old), and have the rim repaired. I really could have used a dash cam, tthe, for license plate info.
Nothing is “worth pursuing” today, it’s like we’ve reverted to the wild-west.
Same thing happened to me. I had the lic # and name on the side of the truck. I went to our DMV, and, after paying $5.00, the guy at the DMV told me the lic # was unregistered and the company named on the truck didn't exist. Thank you very much !
so, there are a lot of folks that have dash cams now. this should show that there has been a violation. why do too many cities and counties not take this to count ????
please do a follow up to this video.
the baseball stuff was better than all the other crap
Used to drive a dump truck. If you pick up a load of gravel at a quarry you are required to Chek the lip of of the dump bed and sweep any gravel off and make sure you tailgate has a tight seal so gravel can't leak out while going down the road and must have the bed/load cover in place!!
Isn't there a difference, though, between gross and ordinary negligence? In that, with some kind of warning, they are only responsible if there was gross negligence. That doesn't apply to trucks, but what about other fields of endeavor? I heard this from Judge Wapner years ago, and have been puzzled ever since.
I was following a gravel truck back in the 90s when his tail gate came loose and gravel started spilling on the road to the point cars were loosing traction. The driver noticed it and pulled over and I got his company and truck ID the tag was on the front and not visible from my car. I called the company and they agreed to follow up. They called me back later and stated the truck was weighed when they left and when they were are their destination and did not loose and weight (total BS). Finally I called my insurance company and their first question was did you hit the gravel in flight or did it bounce off the road and hit you first. Apparently different insurance applies. My first question was which one pays the most. They did say both paid for the entire window so I asked which effected my insurance rate the least.
The problem with most consumers is that they believe signs such as the "...stay back 200 feet" and don't think for a moment that...there could or could NOT be a law/statute to back that up. I challenged a company recently that pulled something similar on me and when the representative insisted that this was their "company policy"...my answer..."Well that may be your policy but it is not mine. So until you can quote me the law on that, we are at a moot point".
Would the "Baseball rule" also apply to car races where a car, or parts of a car, fly into the stands?
If you have collision coverage - make the claim and forget about suing. Even if you don't have collision, its generally much cheaper to pay for a windshield to litigate it. Between filing fees, cost of service, you'll be out at least $75. Also, you need toi make sure you sue the proper entity, as odds are you won't know the name of the driver.
Assuming you've done everything right, and the defendant is a substantial entity, rather than a dump truck bandit, odds are you'll get a check in the mail once the company is served. The next most likely result is you'll get a default judgment and have to undertake collection.
I replace a windshield one time in a corvette that had a hobie cat pontoon go through the passenger side. The truck in front of the Vette had a stack of pontoons that were not tied down and when taking off at a light, the pontoon slid off and into the windshield. I guess the truck driver should have had a sign that said stay back 200 feet.
Trucks' license plates are often not visible or legible. My vehicle was struck by what seemed to be thousands of kernels of corn flying off a rapidly approaching truck. The cloud of corn was visible from several hundred yards which gave me time to stop but that debris struck at over 60 mph. The trail of corn kernels was miles long. Also was fortunate to evade a half sheet of plywood that escaped from a trailered bass boat. A square of plywood makes a mean knuckleball.
The day I see a dump truck with the cover over the loaded trailer is the day I'll eat that trailer.
Also, what about the signs in store lots that say they are not responsible for any damage caused by their shopping carts hitting your car?
I mean it depends on what the store does to mitigate damage. Generally if they provide reasonable cart return locations, and have employees making sure they stay available a rouge cart isn't their responsibility because they weren't in control and offered mitigation to prevent the problem in the first place. If the employee collecting large amounts of carts crashes into you on the other hand obviously you're not responsible and the store would be.
Cart returns aren't just for convenience.
Reminds me of the time that I pulled into a store parking lot. It was a real windy day. The wind caught a shopping cart and was pushing it at a good clip across the parking lot. I just watched in amazement. Then I realized it was heading towards a parked car. It was too late for me to do anything at that point. The cart slammed into the side of the parked car!
I agree with the value of searching for answers to your curiosity. It is hard to respect someone who is curious about something and yet is too lazy to research it. Especially now with internet search engines.
I wonder if the baseball rule might change now that both the White Sox and the Nationals have installed netting all the way to the foul poles. Will the other teams now not be able to disclaim liability since they also could have installed netting and chose not to?