If a car in front of me kicks up debris from the road which hits my car and causes damage, is he liable?

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randay

Lifer
May 30, 2006
11,018
216
106
Originally posted by: dullard
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.


what if you do hit the brakes and come to a complete stop, meanwhile the plastic bag continues on and still hits your car?
 

d3n

Golden Member
Mar 13, 2004
1,597
0
0
Originally posted by: randay
Originally posted by: dullard
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.


what if you do hit the brakes and come to a complete stop, meanwhile the plastic bag continues on and still hits your car?

Just generally, what is up with this plastic bag? Does it cover the windscreen causing you to crash? Is it filled with some kind of lighter than air explosive? Perhaps it clings to the muffler making it smell like burnt plastic.
 

dullard

Elite Member
May 21, 2001
26,185
4,845
126
Originally posted by: randay
what if you do hit the brakes and come to a complete stop, meanwhile the plastic bag continues on and still hits your car?
If you aren't driving, then you aren't following at all. If you aren't following, then by definition, it is impossible to follow too close, just the right distance, or too far. This situation is not covered by my comments above. You cannot use it to disprove or to prove my comments.

Note: I'm assuming you just want to get under my skin. It isn't happening today. Keep picking away with situations that don't apply. As long as they don't apply to my comment, it doesn't disprove my comment.

I can say I'm attracted to tall blond women. Then you come back with an example of a 20 foot tall blond female space creature covered with whatever nasty stuff you want. The fact that I'm not attracted to that alien doesn't disprove the statement that I like tall blond women. Why not? The alien isn't a woman. It is female but it isn't a huMAN required to be a woMAN. Same goes with your silly, I'm not driving a car, can I be following too close post.

 

psteng19

Diamond Member
Dec 9, 2000
5,953
0
0
Originally posted by: randay
Originally posted by: dullard
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.


what if you do hit the brakes and come to a complete stop, meanwhile the plastic bag continues on and still hits your car?


Duh. Obviously you are supposed to throw it in reverse and then floor it in an attempt to avoid the bag. But don't swerve into another lane because that could be dangerous ;)

Originally posted by: dullard

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.

I'm not trying to argue whether he is liable or not anymore. I already got my answer to that.

What I'm arguing is you weren't there to witness the scene so you therefore cannot tell me I was following too closely.
And like others have already stated, it is entirely possible to be following at a safe distance and still be hit by road debris from the car directly in front of you.
You don't know the force, trajectory, wind/air resistance that comes into play in any given scenario, so you cannot make a blanket statement like that.
 

Tom

Lifer
Oct 9, 1999
13,293
1
76
Originally posted by: Chiropteran
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?


I was about to ask the same thing..I've been in ice storms where sheets of ice a half inch thick and 10 feet square flies off semi trailers.

i don't know about liability..
 

Nutdotnet

Diamond Member
Dec 5, 2000
7,721
3
81
Originally posted by: Tom
Originally posted by: Chiropteran
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?


I was about to ask the same thing..I've been in ice storms where sheets of ice a half inch thick and 10 feet square flies off semi trailers.

i don't know about liability..

I think the driver would be liable...it was on the vehicle, driver of said vehicle chose to not remove it.

 

AbAbber2k

Diamond Member
Mar 1, 2005
6,474
1
0
You'd have to be a complete douchebag to even try and go after someone because his car kicked a rock/trash/whatever up off the ground causing it to hit your car. It's not his fault. :roll:
 

Zenmervolt

Elite member
Oct 22, 2000
24,514
44
91
Originally posted by: dullard
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.
That may have been your point. However, your comments very clearly make it sound as though you were saying that he was not maintaining a safe distance.

I agree that the driver of the other car, provided that said other car was being operated in a reasonable and prudent fashion, is not liable for any damages. However, your previous statements are very far from being clearly limited to a discussion of liability. In fact, when viewed purely logically, your comments must be read as using tailgating to prove the liability. They cannot be interpreted as applying only to liability for hitting the object without the caveat that you have only just added.

ZV
 

Tom

Lifer
Oct 9, 1999
13,293
1
76
Originally posted by: Nutdotnet
Originally posted by: Tom
Originally posted by: Chiropteran
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?


I was about to ask the same thing..I've been in ice storms where sheets of ice a half inch thick and 10 feet square flies off semi trailers.

i don't know about liability..

I think the driver would be liable...it was on the vehicle, driver of said vehicle chose to not remove it.

on the other hand, it's an act of nature. wonder what difference that makes ?
 

Zenmervolt

Elite member
Oct 22, 2000
24,514
44
91
Originally posted by: Tom
Originally posted by: Nutdotnet
Originally posted by: Tom
Originally posted by: Chiropteran
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?
I was about to ask the same thing..I've been in ice storms where sheets of ice a half inch thick and 10 feet square flies off semi trailers.

i don't know about liability..
I think the driver would be liable...it was on the vehicle, driver of said vehicle chose to not remove it.
on the other hand, it's an act of nature. wonder what difference that makes ?
In Ohio at least, it is illegal to operate a motor vehicle on public roads without clearing the snow from the roof, hood, and trunk (and, of course, the headlights and tail-lights). Of course, this is almost never enforced, but it is required.

ZV
 

Insane3D

Elite Member
May 24, 2000
19,446
0
0
FYI -

dullard is always right...at least in his mind. He will also spend hours posting lengthly posts that supposedly prove him right.

It's all black and white with him...he has envisioned every possible scenario in his head...of course.

:roll:

Originally posted by: joshsquall
Is dullard always this much of a douche?

Pretty much...
 

BudAshes

Lifer
Jul 20, 2003
14,005
3,391
146
Originally posted by: dullard
Originally posted by: randay
what if you do hit the brakes and come to a complete stop, meanwhile the plastic bag continues on and still hits your car?
If you aren't driving, then you aren't following at all. If you aren't following, then by definition, it is impossible to follow too close, just the right distance, or too far. This situation is not covered by my comments above. You cannot use it to disprove or to prove my comments.

Note: I'm assuming you just want to get under my skin. It isn't happening today. Keep picking away with situations that don't apply. As long as they don't apply to my comment, it doesn't disprove my comment.

I can say I'm attracted to tall blond women. Then you come back with an example of a 20 foot tall blond female space creature covered with whatever nasty stuff you want. The fact that I'm not attracted to that alien doesn't disprove the statement that I like tall blond women. Why not? The alien isn't a woman. It is female but it isn't a huMAN required to be a woMAN. Same goes with your silly, I'm not driving a car, can I be following too close post.

Dude, you must be really high.
 

Vic

Elite Member
Jun 12, 2001
50,422
14,337
136
Originally posted by: Aikouka
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).

Correct. That's more or less what I posted in the first reply.

Think of it this way (if it helps)... the road debris is at fault... but uninsured.
 

dullard

Elite Member
May 21, 2001
26,185
4,845
126
Originally posted by: psteng19
And like others have already stated, it is entirely possible to be following at a safe distance and still be hit by road debris from the car directly in front of you.
You don't know the force, trajectory, wind/air resistance that comes into play in any given scenario, so you cannot make a blanket statement like that.
I never said you weren't at a safe distance. But if you are close enough that the foce, trajectory, wind/air resistance allowed an object(s) to hit you, then you were too close on that day for that location. You were probably at a very safe driving distance. But safety is different from avoiding all damage to your car. It is a cut and dry case. But as long as you think I'm talking about safety, you'll misunderstand me.
 
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dullard

Elite Member
May 21, 2001
26,185
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Originally posted by: Zenmervolt
That may have been your point. However, your comments very clearly make it sound as though you were saying that he was not maintaining a safe distance.
My own words: "tailgating or not, you were too close". I intended to say exactly that. If you were tailgating (unsafe distance), you were too close. If you weren't tailgating (safe driving distance), you were still too close for that situation.

I am sorry that was misinterpreted. Let me retype it.

It doesn't matter if you were tailgating or not. For this situation, you were too close to avoid the debris. It is your car, and you were too close. Thus, you have the liability.

Is that more clear?
 
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dmcowen674

No Lifer
Oct 13, 1999
54,889
47
91
www.alienbabeltech.com
Originally posted by: AbAbber2k
You'd have to be a complete douchebag to even try and go after someone because his car kicked a rock/trash/whatever up off the ground causing it to hit your car.

That's what America is full of now as evidenced in here everyday.
 

dullard

Elite Member
May 21, 2001
26,185
4,845
126
Originally posted by: dmw16
Get off your high horse about it.
Originally posted by: joshsquall
Is dullard always this much of a douche?
Originally posted by: Insane3D
Pretty much...
Originally posted by: BudAshes
Dude, you must be really high.
All the personal attacks, and yet I'm the douche. All I said was if you hit flying objects in situations like the OP described, it is your liability. If that is being a douche, then I'm a douche.
Originally posted by: Insane3D
dullard is always right...at least in his mind. He will also spend hours posting lengthly posts that supposedly prove him right.
I will clairify this issue. I am often wrong. I admit I'm wrong on these forums frequently. I post opinions at times, and opinions can be wrong.

However, if I have indisputable facts, I won't back down. I will bring links, scientific studies, or whatever it takes. I don't admit to losing an argument if I'm in the right. I also don't argue if I'm in the wrong. I take my lumps early and bow out to the experts. I let the people who know better than I do the talking.

So, if I'm arguing, I'm always right. That doesn't mean that I'm always right. It just means I selectively choose when to argue and when to admit I'm wrong.
 

Gunslinger08

Lifer
Nov 18, 2001
13,234
2
81
Originally posted by: dullard
Originally posted by: dmw16
Get off your high horse about it.
Originally posted by: joshsquall
Is dullard always this much of a douche?
Originally posted by: Insane3D
Pretty much...
Originally posted by: BudAshes
Dude, you must be really high.
All the personal attacks, and yet I'm the douche. All I said was if you hit flying objects in situations like the OP described, it is your liability. If that is being a douche, then I'm a douche.

You are so far up your own ass that it's unbelievable.
 

brandonb

Diamond Member
Oct 17, 2006
3,731
2
0
Cars get dinged, knicked, scratched by every day events. Nobody is really "at fault." It just happens to come with the territory of moving vehicles, acts of nature, and physics. I doubt the driver in front of the OP intended on scratching the guys car behind him by running over road debris.

Get over it.
 

Squisher

Lifer
Aug 17, 2000
21,204
66
91
I was driving down the e-way once doing 70 mph with quite a bit of traffic around me. A car two lanes over kicked something that kinda looked like two bear traps connected by a foot of chain about 60 feet in the air. As I watched the two bear traps gracefully spinning in the air I noticed the trajectory of the traps were starting to veer toward my lane. Well, it wasn't the traps that were turning it was that e-way had a slight curve. About the time I started to see the potential for trouble the bear traps seemed to be accelerating at the speed of a Peregrine Falcon and were about twenty feet from windshield. At about ten feet from impact my body, without any thought, decided that I needed to duck. So, there I was, laying down on the bench seat of my pickup doing 60 mph staring at my dashboard when it hit, the windshield looked like someone had dropped a barbell on it.

Insurance is a wonderful thing.
 

d3n

Golden Member
Mar 13, 2004
1,597
0
0
Originally posted by: Squisher
I was driving down the e-way once doing 70 mph with quite a bit of traffic around me. A car two lanes over kicked something that kinda looked like two bear traps connected by a foot of chain about 60 feet in the air. As I watched the two bear traps gracefully spinning in the air I noticed the trajectory of the traps were starting to veer toward my lane. Well, it wasn't the traps that were turning it was that e-way had a slight curve. About the time I started to see the potential for trouble the bear traps seemed to be accelerating at the speed of a Peregrine Falcon and were about twenty feet from windshield. At about ten feet from impact my body, without any thought, decided that I needed to duck. So, there I was, laying down on the bench seat of my pickup doing 60 mph staring at my dashboard when it hit, the windshield looked like someone had dropped a barbell on it.

Insurance is a wonderful thing.

Nice detail in that post. Gave me a bit of a thrill to read it.
 

mugs

Lifer
Apr 29, 2003
48,920
46
91
Originally posted by: dullard
My own words: "tailgating or not, you were too close". I intended to say exactly that. If you were tailgating (unsafe distance), you were too close. If you weren't tailgating (safe driving distance), you were still too close for that situation.

You actually said "call it tailgating or not, you were too close." Most people would interpret that as meaning whether the OP's opinion was that he was tailgating or not, he was too close (a.k.a. tailgating). That is why people interpreted it differently from how you say you intended it.

Originally posted by: dullard
I will clairify this issue. I am often wrong. I admit I'm wrong on these forums frequently. I post opinions at times, and opinions can be wrong.

However, if I have indisputable facts, I won't back down. I will bring links, scientific studies, or whatever it takes. I don't admit to losing an argument if I'm in the right. I also don't argue if I'm in the wrong. I take my lumps early and bow out to the experts. I let the people who know better than I do the talking.

So, if I'm arguing, I'm always right. That doesn't mean that I'm always right. It just means I selectively choose when to argue and when to admit I'm wrong.

Eh, I rarely see you admit that you're wrong, even when you are wrong. You're obviously a very intelligent guy, but I think sometimes you post things without thinking them through completely. I've noticed a pattern with you when you post something that is incorrect. You start arguing it from all different angles, moving the conversation completely away from your original point so that you're arguing something entirely different in the end. Then you can declare victory, even if what you said originally was wrong.

I respect you a lot, you're one of the few elites who I think truly deserves the title. You almost always have thorough information and well-thought arguments, but sometimes you're just too bull-headed. I can be the same way, but I think posting on Anandtech has trained me to think things through more thoroughly before I post them and subject myself to PWNAGE ;)
 

BudAshes

Lifer
Jul 20, 2003
14,005
3,391
146
Originally posted by: dullard
Originally posted by: dmw16
Get off your high horse about it.
Originally posted by: joshsquall
Is dullard always this much of a douche?
Originally posted by: Insane3D
Pretty much...
Originally posted by: BudAshes
Dude, you must be really high.
All the personal attacks, and yet I'm the douche. All I said was if you hit flying objects in situations like the OP described, it is your liability. If that is being a douche, then I'm a douche.
Originally posted by: Insane3D
dullard is always right...at least in his mind. He will also spend hours posting lengthly posts that supposedly prove him right.
I will clairify this issue. I am often wrong. I admit I'm wrong on these forums frequently. I post opinions at times, and opinions can be wrong.

However, if I have indisputable facts, I won't back down. I will bring links, scientific studies, or whatever it takes. I don't admit to losing an argument if I'm in the right. I also don't argue if I'm in the wrong. I take my lumps early and bow out to the experts. I let the people who know better than I do the talking.

So, if I'm arguing, I'm always right. That doesn't mean that I'm always right. It just means I selectively choose when to argue and when to admit I'm wrong.

Mine wasn't a personal attack, i just figured with that analogy you must have been really stoned.
 

dullard

Elite Member
May 21, 2001
26,185
4,845
126
Originally posted by: BudAshes
Mine wasn't a personal attack, i just figured with that analogy you must have been really stoned.
Ok, you are forgiven. I really don't hold grudges, so you were forgiven anyways.

It was my attempt at humor. But, I admit my humor is far from the norm. I like using extreme examples to prove my point. I laugh at the idea of the extremes and I hope a little humor takes the passion and anger away from the debate. Since my humor is way off in left field, I can see how it doesn't always work out as I planned.

 
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