A Rock Falls Off A Truck On an Idaho Roadway And Breaks Your Windshield – Who’s Responsible?
There you are driving home from a long day at work or maybe you're out for a casual scenic drive and all of a sudden you see a big truck loaded down with landscaping rock. The closer you get the more fear and anxiety you start to feel because you know what's about to happen. Sure enough you start to hear the rocks bouncing off the road and hitting your car, your paint job takes a few pebbles and you already know that means you will have a few chips. Then the windshield takes a direct hit and now you have a crack. You speed up to alert the truck driver of his negligence and as you get closer to the truck you see the sign - "Not responsible for broken windshields".
What does that mean? Are you out of luck? How can that be right? If someone is creating a hazard (and I would say that 60mph flying rocks are a hazard) then in my opinion they should be held responsible. I wasn't able to find any info on this scenario specific to Idaho however here is some insight according to auto glass fitters.
Rules of Responsibility
"If a piece of debris, rock or gravel falls directly from the back of a truck and hits your vehicle, causing its windshield to crack, then the commercial vehicle’s operator is responsible for the damages. However, if you’re tailgating that vehicle, their responsibility is negated—you need to be over 100 feet behind the truck when the incident occurs.
If a truck kicks up debris with its tires, causing that object to fly into your windshield, that’s considered road debris, and the truck operator is not responsible. That can be frustrating, but it’s the law.
Grey area: In some cases, debris will fall out of a truck then bounce off of the ground and hit your windshield. When that happens, it’s considered road debris, and fault no longer lies on the driver of the commercial vehicle."
Who do you think is responsible?