Re: rock from work truck on I-95 hit windsheild, will the state pay for it?
Posted by:
HAHA sucks to be you.
()
Date: April 09, 2014 07:09AM
Leagle Eagel. Wrote:
-------------------------------------------------------
> interstate driver Wrote:
> --------------------------------------------------
> -----
> > I don't know if it fell or was kicked up, this
> was
> > a few weeks ago right after a snow storm,
> reduced
> > visibility, shitty road surface, etc.
>
> This statement alone would get your lawsuit
> instantly dismissed in any court.
>
> The rock has to fall from the truck due to the
> driver's negligence in properly securing his load
> in order for you to have a claim. Otherwise, it's
> considered a road hazard, and you pay for the
> windshield replacement (or your insurance does, if
> you have a decent insurance policy).
>
> As Legal eagle eye said, if the rock fell off the
> truck, the trucking company pays: if it was kicked
> up by the truck's tire, you pay. This is
> well-settled case law in the Commonwealth.
Big mouth, little knowledge.
If it was a dump truck, chances are it is a small company, or chances are even better it is an "independant contractor" and the company he drives for will tell you that adamantly and refuse to help.
This is a big part of the reason they hire "independant contractors". Even if the truck has the companty logo on it, I would bet he is an contractor.
And try collecting from a contractor. I dare you.