Go Back   AnandTech Forums > Social > Off Topic

Forums
· Hardware and Technology
· CPUs and Overclocking
· Motherboards
· Video Cards and Graphics
· AMD Video Cards
· Nvidia
· Displays
· Memory and Storage
· Power Supplies
· Cases & Cooling
· SFF, Notebooks, Pre-Built/Barebones PCs
· Networking
· Peripherals
· General Hardware
· Highly Technical
· Computer Help
· Home Theater PCs
· Consumer Electronics
· Digital and Video Cameras
· Mobile Devices & Gadgets
· Audio/Video & Home Theater
· Software
· Software for Windows
· All Things Apple
· *nix Software
· Operating Systems
· Programming
· PC Gaming
· Console Gaming
· Distributed Computing
· Security
· Social
· Off Topic
· Politics and News
· Discussion Club
· Love and Relationships
· The Garage
· Health and Fitness
· Home and Garden
· Merchandise and Shopping
· For Sale/Trade
· Hot Deals with Free Stuff/Contests
· Black Friday 2014
· Forum Issues
· Technical Forum Issues
· Personal Forum Issues
· Suggestion Box
· Moderator Resources
· Moderator Discussions
   

Reply
 
Thread Tools
Old 01-09-2007, 01:00 PM   #1
psteng19
Diamond Member
 
Join Date: Dec 2000
Posts: 5,953
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

Some guy driving in front of me kicked up a huge piece of debris, which smacked right into my headlight, hood, fender and caused visible scratches.
I'm pretty sure he saw what happened because he then started driving like he wanted to get away... really fast, changing lanes, dodging traffic, etc.

Is he liable?
I wasn't tailgating.
__________________
Heatware - 252-0-0
psteng19 is offline   Reply With Quote
Old 01-09-2007, 01:01 PM   #2
Vic
Elite Member
 
Vic's Avatar
 
Join Date: Jun 2001
Posts: 38,430
Default If a car in front of me kicks up debris which hits my car and causes damage, is he liable?

No.

Comprehensive coverage on your insurance.
__________________
"If you owe the bank $100 dollars, that's your problem; if you owe the bank $100 million dollars, that's the bank's problem." -- J. Paul Getty

Capitalism is a liberal philosophy.
Vic is offline   Reply With Quote
Old 01-09-2007, 01:01 PM   #3
Phoenix86
Lifer
 
Phoenix86's Avatar
 
Join Date: May 2003
Location: DFW
Posts: 13,261
Default If a car in front of me kicks up debris which hits my car and causes damage, is he liable?

Road debris=no.
Something off his car=yes.

I'm sure this varies by state.
__________________
Everybody is ignorant, only on different subjects. ~ Will Rogers
Phoenix86 is offline   Reply With Quote
Old 01-09-2007, 01:01 PM   #4
AnyMal
Lifer
 
AnyMal's Avatar
 
Join Date: Nov 2001
Location: Louisville, KY
Posts: 15,781
Default If a car in front of me kicks up debris which hits my car and causes damage, is he liable?

No
__________________
What has English done to you?

My modest Heatware


AnyMal is offline   Reply With Quote
Old 01-09-2007, 01:01 PM   #5
dullard
Elite Member
 
dullard's Avatar
 
Join Date: May 2001
Location: Location
Posts: 19,759
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

If debris hit your car, you were too close. Call it tailgating or not, you were too close. Thus it was your fault and you are liable (true in most states).

Edit: since this was misinterpreted, here is a retype:

Whether you were tailgating or not, you were too close. You can be too close to avoid flying debris even if you are not tailgating.
dullard is offline   Reply With Quote
Old 01-09-2007, 01:02 PM   #6
MercenaryForHire
Lifer
 
Join Date: Jan 2002
Posts: 40,822
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

IANAL and YMMV, but generally if debris strikes you while airborne and without bouncing, the originator of the debris is at fault, unless you were deemed to be following too closely. Check your local laws.

Edit - as mentioned above, it's the originator of the debris. If it was on the road, "you should have avoided it" is all you'll get.

- M4H
MercenaryForHire is offline   Reply With Quote
Old 01-09-2007, 01:02 PM   #7
psteng19
Diamond Member
 
Join Date: Dec 2000
Posts: 5,953
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

Quote:
Originally posted by: dullard
If debris hit your car, you were too close. Call it tailgaiting or not, you were too close. Thus it was your fault and you are liable (true in most states).
Nope, I was well behind him. It was a flimsy piece of hard plastic that kicked up really high and got good air.

But I am fine with the answer no, he is not liable.
__________________
Heatware - 252-0-0
psteng19 is offline   Reply With Quote
Old 01-09-2007, 01:03 PM   #8
dullard
Elite Member
 
dullard's Avatar
 
Join Date: May 2001
Location: Location
Posts: 19,759
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

Quote:
Originally posted by: psteng19
Nope, I was well behind him. It was a flimsy piece of hard plastic that kicked up really high and got good air.

But I am fine with the answer no, he is not liable.
If a piece of ANYTHING flies up and hits you, you were too close.

Edit: Since this was misinterpreted, here is a retype.

Whether you were tailgating or not, you were too close. You can be too close to avoid flying debris even if you are not tailgating.
dullard is offline   Reply With Quote
Old 01-09-2007, 01:04 PM   #9
leftyman
Diamond Member
 
leftyman's Avatar
 
Join Date: Sep 2000
Posts: 7,077
Default If a car in front of me kicks up debris which hits my car and causes damage, is he liable?

Quote:
Originally posted by: Vic
No.

Comprehensive coverage on your insurance.
thats your answer.
__________________
heat

Quote:
If you do not change direction, you may end up where you are heading.
leftyman is offline   Reply With Quote
Old 01-09-2007, 01:06 PM   #10
randay
Lifer
 
Join Date: May 2006
Posts: 10,488
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

Quote:
Originally posted by: dullard
Quote:
Originally posted by: psteng19
Nope, I was well behind him. It was a flimsy piece of hard plastic that kicked up really high and got good air.

But I am fine with the answer no, he is not liable.
If a piece of ANYTHING flies up and hits you, you were too close.
so if a plastic bag flies up and hovers in the air for about 2 minutes then hits your car, you are too close to the car in front of you?
randay is offline   Reply With Quote
Old 01-09-2007, 01:09 PM   #11
Zenmervolt
Supermoderator
The Garage
Elite member
 
Zenmervolt's Avatar
 
Join Date: Oct 2000
Posts: 24,482
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

If it were road debris, the only way he would be liable would be if he hit it because he was driving in an unsafe manner (for example, drunk driver hits a tree that falls onto your car).

If it was a part of his vehicle, or if it was something that he threw out of his vehicle, then he's liable.

ZV
__________________
Futures and Options

TANSTAAFL
Zenmervolt is offline   Reply With Quote
Old 01-09-2007, 01:09 PM   #12
imported_Devine
Golden Member
 
Join Date: Oct 2006
Posts: 1,294
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

Quote:
Originally posted by: randay
Quote:
Originally posted by: dullard
Quote:
Originally posted by: psteng19
Nope, I was well behind him. It was a flimsy piece of hard plastic that kicked up really high and got good air.

But I am fine with the answer no, he is not liable.
If a piece of ANYTHING flies up and hits you, you were too close.
so if a plastic bag flies up and hovers in the air for about 2 minutes then hits your car, you are too close to the car in front of you?
Of course
imported_Devine is offline   Reply With Quote
Old 01-09-2007, 01:10 PM   #13
dmw16
Diamond Member
 
Join Date: Nov 2000
Posts: 7,612
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

Quote:
Originally posted by: dullard
Quote:
Originally posted by: psteng19
Nope, I was well behind him. It was a flimsy piece of hard plastic that kicked up really high and got good air.

But I am fine with the answer no, he is not liable.
If a piece of ANYTHING flies up and hits you, you were too close.
This is absolutely NOT TRUE! My car got hit by a rock kicked up by a truck in the lane next to me. Was I too close? Get off your high horse about it. The right object in the right circumstance can get a good amount of distance and hang time.
__________________
My Heatware
dmw16 is offline   Reply With Quote
Old 01-09-2007, 01:10 PM   #14
Viper GTS
Lifer
 
Join Date: Oct 1999
Posts: 37,154
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

Quote:
Originally posted by: randay
Quote:
Originally posted by: dullard
Quote:
Originally posted by: psteng19
Nope, I was well behind him. It was a flimsy piece of hard plastic that kicked up really high and got good air.

But I am fine with the answer no, he is not liable.
If a piece of ANYTHING flies up and hits you, you were too close.
so if a plastic bag flies up and hovers in the air for about 2 minutes then hits your car, you are too close to the car in front of you?
At some point the risk from following to closely fades into stupidity for not hitting your brakes.

Viper GTS
__________________
Display shopping?
Viper GTS is offline   Reply With Quote
Old 01-09-2007, 01:13 PM   #15
OutHouse
Lifer
 
OutHouse's Avatar
 
Join Date: Jun 2000
Posts: 31,777
Default If a car in front of me kicks up debris which hits my car and causes damage, is he liable?

\
Quote:
Originally posted by: Phoenix86
Road debris=no.
Something off his car=yes.

I'm sure this varies by state.
yip
__________________
20 years ago, we had Johnny Cash, Bob Hope and Steve Jobs. Now we have no Cash, no Hope and no Jobs. Please donít let Kevin Bacon die.Ē Bill Murray

"Going to McDonalds for a salad is like asking a prostitute for a hug." Sean Fallon

my post are being monitored by a STALKER!
OutHouse is offline   Reply With Quote
Old 01-09-2007, 01:13 PM   #16
psteng19
Diamond Member
 
Join Date: Dec 2000
Posts: 5,953
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

Quote:
Originally posted by: dullard
Quote:
Originally posted by: psteng19
Nope, I was well behind him. It was a flimsy piece of hard plastic that kicked up really high and got good air.

But I am fine with the answer no, he is not liable.
If a piece of ANYTHING flies up and hits you, you were too close.
I don't really want to argue this but I don't know how you can even debate it if you didn't witness my situation.
__________________
Heatware - 252-0-0
psteng19 is offline   Reply With Quote
Old 01-09-2007, 01:14 PM   #17
Zenmervolt
Supermoderator
The Garage
Elite member
 
Zenmervolt's Avatar
 
Join Date: Oct 2000
Posts: 24,482
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

Quote:
Originally posted by: dullard
If a piece of ANYTHING flies up and hits you, you were too close.
I've seen some things get spectacular air. I was on a drive with the PCA and the guys at the front of the line were about three car lengths behind a pickup that was carrying a propane grill in its bed. The grill was not secured and the guy in the truck whipped around a corner and the grill was simply launched. The grill hit almost immediately, but the cooking grate was flung skyward and landed off to the side of the third Porsche in the line. (That's about 11 carlengths behind the pickup.) The lead car, by the way, was perfectly able to stop in time to avoid hitting the grill.

It's entirely possible to be following at a safe distance and still have kicked-up debris hit you.

ZV
__________________
Futures and Options

TANSTAAFL
Zenmervolt is offline   Reply With Quote
Old 01-09-2007, 01:16 PM   #18
dullard
Elite Member
 
dullard's Avatar
 
Join Date: May 2001
Location: Location
Posts: 19,759
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

Quote:
Originally posted by: randay
so if a plastic bag flies up and hovers in the air for about 2 minutes then hits your car, you are too close to the car in front of you?
Like Viper said, again it isn't the liability of the car in front of you. It is your fault for not hitting the brakes.
Quote:
Originally posted by: dmw16
This is absolutely NOT TRUE! My car got hit by a rock kicked up by a truck in the lane next to me. Was I too close? Get off your high horse about it. The right object in the right circumstance can get a good amount of distance and hang time.
This only applies to the car ahead of you. You can't really follow *behind* too close when you aren't behind someone. Common sense for the win. I can see people in this thread don't have common sense. Attack the messenger and not the message. :roll:
Quote:
Originally posted by: Zenmervolt
It's entirely possible to be following at a safe distance and still have kicked-up debris hit you.
We aren't talking about safe distances. We are talking about liability. Safe distance is not equal to liability distance.
Quote:
Originally posted by: psteng19
I don't really want to argue this but I don't know how you can even debate it if you didn't witness my situation.
Go ahead and take it to court. You can bet the front car driver's lawyers and the judge didn't witness the situation either. But of course, they can't debate the liability either according to you.
dullard is offline   Reply With Quote
Old 01-09-2007, 01:16 PM   #19
OS
Lifer
 
OS's Avatar
 
Join Date: Oct 1999
Posts: 15,574
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

how can i be supreme court god like some of you
__________________
www.calguns.net
OS is offline   Reply With Quote
Old 01-09-2007, 01:24 PM   #20
Vic
Elite Member
 
Vic's Avatar
 
Join Date: Jun 2001
Posts: 38,430
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

:roll: to this thread.

To those who think the driver of the car is at fault, tell ya what: track him down (somehow), take him to court, and then try to prove before a judge that it was his car and his car only that kicked up the road debris that damaged your car.

Yeah, good luck with that.

In the meantime, the OP should call his insurance company.
__________________
"If you owe the bank $100 dollars, that's your problem; if you owe the bank $100 million dollars, that's the bank's problem." -- J. Paul Getty

Capitalism is a liberal philosophy.
Vic is offline   Reply With Quote
Old 01-09-2007, 01:35 PM   #21
Aikouka
Lifer
 
Aikouka's Avatar
 
Join Date: Nov 2001
Posts: 25,890
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

Quote:
Originally posted by: Vic
:roll: to this thread.

To those who think the driver of the car is at fault, tell ya what: track him down (somehow), take him to court, and then try to prove before a judge that it was his car and his car only that kicked up the road debris that damaged your car.

Yeah, good luck with that.

In the meantime, the OP should call his insurance company.
Seems to me that people are arguing whether or not it's the OP's fault because he should've been able to avoid it.

It's comprehensive by the way. Also, trying to swerve out of the way of a possible comprehensive claim accident is a bad idea, you can end up wrecking or causing an accident. Comprehensive usually doesn't ever raise your rates, collision does (usually only on claims > $1000 from what I've seen).
Aikouka is offline   Reply With Quote
Old 01-09-2007, 01:40 PM   #22
d3n
Golden Member
 
Join Date: Mar 2004
Posts: 1,597
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

I take the view that if you get hit you were too close. I am split on it a bit.

One of the more dangerous things I see is construction equipment pulling off of a job site with a bulldozer or such that has a million chunks of mud and gravel waiting to go flying off. It should be a practice to clean equipment off before taking it on an interstate.


There is one condition that I see being able to nail someone for liability. That is if they are passing illegally on a shoulder and they happen to kick some debris up on your car. You only have a chance at this if a police officer observers the illegal maneuver. Otherwise your SOL.
d3n is offline   Reply With Quote
Old 01-09-2007, 01:43 PM   #23
DougK62
Diamond Member
 
DougK62's Avatar
 
Join Date: Mar 2001
Posts: 7,938
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

Good luck. The only case you could have is if the vehicle was not road worthy - like the huge raised up pickup trucks that do not have fender flares which results in it flinging rocks.

DougK62 is offline   Reply With Quote
Old 01-09-2007, 01:44 PM   #24
mugs
Lifer
 
mugs's Avatar
 
Join Date: Apr 2003
Posts: 48,885
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

Quote:
Originally posted by: dullard
If debris hit your car, you were too close. Call it tailgating or not, you were too close. Thus it was your fault and you are liable (true in most states).
I don't agree that he was necessarily too close.

But the other driver definitely was not at fault, which leaves the OP to pay for the damage to his own car.
__________________
"Eli doesn't have what it takes to beat the Patriots in the big show. This game will be over by halftime." - PaulNEPats a.k.a. Reckoner; Super Bowl XLII

"Giants are the luckiest team I've ever seen in my entire life" - Reckoner; Super Bowl XLVI
mugs is offline   Reply With Quote
Old 01-09-2007, 01:46 PM   #25
Chiropteran
Diamond Member
 
Chiropteran's Avatar
 
Join Date: Nov 2003
Location: Arlington VA
Posts: 8,023
Default If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

What about a giant sheet of ice coming off the roof of the truck in front of you and pieces bouncing up and hitting your windshield?
__________________
http://writeangry.blogspot.com/
Chiropteran is offline   Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 01:58 PM.


Powered by vBulletin® Version 3.8.8 Alpha 1
Copyright ©2000 - 2015, vBulletin Solutions, Inc.