When you call the manager back tell him the rock penetrated the windshield and nearly killed her. Tell him a sign does not absolve him of liability and if he would like to settle this now to save him money or you can contact your lawyer. Be very firm.
I agree, this is VERY serious, had the rock been over 3 feet she could have been killed. I think if you explain that to the manager/owner he should be very happy to get by just paying for the windshield and be glad that one of his trucks didn't seriously injure or kill anyone and that your girlfriend isn't going to try and sue them.
If it fell off the truck and the driver didn't stop to recover it or report it to authorities, then it may in fact be a criminal matter. Check your local laws.
Gunbuster
Diamond Member
- Oct 9, 1999
- 6,852
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This is what I was thinking. Give them the police report number, and all the other info you can collect. Drop it in their lap. Your agent should be able to tell you what it will cost out of your pocket, which should be zero!
Oh, around here, these trucks are supposed to be tarped. They get tickets for not having the load covered.
To the best of my knowledge, you'd have to show intent for it to be criminal. I seriously doubt you could demonstrate that the driver intended for the rock to come out of his truck.
Likewise it'd be hard to show that he knew the rock came flying out of his truck and didn't stop.
I don't blame him for driving away, there was no way for him to know what had happened. I just blame him for not taking the proper precaution to prevent rocks that size from flying out.
In central California, they carry tomatoes, and during the season you can see tomatoes all over the road.
Anyway, I saw some news report last year(?) about how trucks have stuff fall off on interstates. Basically it was about people who keep ladders and stuff on their trucks and don't secure them well enough and they go through a windshield at interstate speeds and kill people. Maybe you could find some information on that and it would help your case. If they stacked up the stuff and took no reasonable precaution to secure it, then they probably have some responsibility in it.
Anyway, I saw some news report last year(?) about how trucks have stuff fall off on interstates. Basically it was about people who keep ladders and stuff on their trucks and don't secure them well enough and they go through a windshield at interstate speeds and kill people. Maybe you could find some information on that and it would help your case. If they stacked up the stuff and took no reasonable precaution to secure it, then they probably have some responsibility in it.
They know what they were hauling. Not hard to show that it's overwhelmingly likely from them, especially if you make video evidence of the area in question (assuming that it doesn't have a bunch of big rocks like that one around.) How much does the rock weigh?
Oh, and anytime anything whatsoever flies out of a truck, it's illegal. Unsecure load. He's full of crap. They get proven wrong in this case, they will probably get a ticket for it. Make sure the police stay involved.
Edit: I would make sure that she calls the officer that helped her at the scene. Tell him verbatim what the owner of the company said about them not being responsible/liable for damage when their load flies out of their trucks, and tell him that that doesn't sound right, what does the law have to say about it? Chances are, the owner will be set straight on the law, maybe get a visit.
Edit: I would make sure that she calls the officer that helped her at the scene. Tell him verbatim what the owner of the company said about them not being responsible/liable for damage when their load flies out of their trucks, and tell him that that doesn't sound right, what does the law have to say about it? Chances are, the owner will be set straight on the law, maybe get a visit.
Definately don't drop the matter. They are liable!
The rock came into the cabin of your car for Christ's sake. It could have easily injured her if it was on the other side.
I'd be pissed.
The rock came into the cabin of your car for Christ's sake. It could have easily injured her if it was on the other side.
I'd be pissed.
Like someone said, if that rock were 3 feet in another direction, she could be DEAD. If the company doesn't think that's a serious matter, then you need to take the rock down to their place and bust out everyone of their windshields with it, smack them across the face until they are completely disfigured, then scream at them and ask them if they think it's serious, now that their lives were endangered as much as her's was. Then, tell them not only do they need to repair ALL damages, but they need to write a letter of apoligy to everyone involved and refund any lost wages or other expenses that you and your girl might have because of the matter.
Okay, I'm just venting because I got a crack in my windsheild the day after I got my car from a stupid rock being thrown from a truck. Luckly, there is a glass place near me that will repair any crack smaller than a dollar bill for free.
This isn't the case for you though... You should take this as far as you have to (and hopefully that isn't far). They are 100% obligated to cover the costs because it was pure negligence on their part to not make sure their load was secured and covered so it can't fly off.
Good luck buddy!
If all else fails, I'm sure you can rally the AT crowd to chain themselves to one of their trucks or something hippy-ish like that
Okay, I'm just venting because I got a crack in my windsheild the day after I got my car from a stupid rock being thrown from a truck. Luckly, there is a glass place near me that will repair any crack smaller than a dollar bill for free.
This isn't the case for you though... You should take this as far as you have to (and hopefully that isn't far). They are 100% obligated to cover the costs because it was pure negligence on their part to not make sure their load was secured and covered so it can't fly off.
Good luck buddy!
If all else fails, I'm sure you can rally the AT crowd to chain themselves to one of their trucks or something hippy-ish like that
Really, really, really, if the lady's insurance company doesn't bring satisfaction, then, and only then, is it time to bring in the outside lawyers.
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