Failure to secure load. Very few of the "tarps" are without holes. It all boils down to how hard are you willing to fight for it
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I had it happen when a rock flew of of a concrete trucks rear fender. I followed the truck to their yard, driver said "we're not responsible" I totally ignored him and politely asked to speak with someone about my windshield. The owner came out and told the lady to give me the information to get the windshield replaced, no arguments.
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DPS says gravel haulers are required to check tires and trailers after dumping or collecting a load and return to the pavement
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the trooper in my county writes tickets for rocks falling from gravel haulers he told me local sheriff and pd can write also so I do If I see it happen
Those facts tell me the drivers/company are liable for ur windshields and other damage
If I were called out to an scene I would work it like an accident
I'm responsible if plywood flys out of my pick up bed and smashes ur car regardless if it hits the ground first so they are also
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Had a rock truck on 67 south of Cleburne he was empty and forgot to lock his rear dump gate. When he got to hwy speed that gate was flapping open out came the gravel and pop, cracked my winshield on my F350 that had been replaced just a few months prior. Had the wife video and take pics of it open. Pulled up next to the guy to try and get him to pull over, basically had to pull in front of him and stop to get him too. Got his info called his trucking firm and the guy was kind of a jerk. Said nothing they Could do I was like ok but TX dot is going to love the video and pics of your truck driving down the road with the tail gate open. He send he would send me a form to fill out and return it with windshield pic and estimate and the fordhouse give me one (they were the highest) sent it in and had a check within a week.
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Originally posted by Slew View PostThey're on it if it hits your vehicle before the ground.
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This!
Originally posted by TxKronik View PostDPS says gravel haulers are required to check tires and trailers after dumping or collecting a load and return to the pavement
and
the trooper in my county writes tickets for rocks falling from gravel haulers he told me local sheriff and pd can write also so I do If I see it happen
Those facts tell me the drivers/company are liable for ur windshields and other damage
If I were called out to an scene I would work it like an accident
I'm responsible if plywood flys out of my pick up bed and smashes ur car regardless if it hits the ground first so they are also
I HONKED and he pulled over to the side immediately telling me he was NOT responsible. Much younger then and called the SO for Lubbock County asking for a Deputy, if available in the area to come to the scene. Result, Driver issued a ticket for uncovered hazardous load. Oh, company paid for windshield and repainted my hood.
By the way, the responding Deputy was a "past LEO colleague of mine," BUT they ARE responsible..must cover their load...at least that was the law back then, not sure now!
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Originally posted by atx_hunter View PostThis seems kinda counterintuitive. If I stay back 200 ft as the sign suggests whatever falls out is more than likely going to hit the ground first and I'm out of luck. If I tailgate and manage to catch a rock on the fly it's their fault.
If you were 200' back it wouldn't hit your windshield, that's the point.
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I own a trucking company. We haul rock and and gravel. I don't have those signs on my trialers. We have 100+ truck fleet. I have the best rating you can get from dot. We get windshield clams all the time. Some are laget. Most are not. If material comes off the truck and hits your vehicle by law the company has to fix it. But if the material hits the ground then hits your vehicle it's called road hazard and they are not respectable. I can't speak for any other company but mine. If someone calls us and tell me what happens and it correct. Then we fix or help fix the windshield. By help I mean pay half. The signs are more of a stop tailgating. If a truck can't see you in his mirrors then he doesn't know your there. For what it's worth. For those who think truck drivers are rude or stupid. Try taking a 54 foot piece of equipment and drive it around everyday looking out of the guy texting and driving trying to make another meeting or finding an exit. It's not that simple.
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