Dump Truck Rocks and Windshield Damage
You've probably heard about or experienced for yourself dump trucks carrying too many rocks, going over a bump in the road, and showering the highway with their damaging load. One of the most common questions we get is whether the dump truck driver or company can be held liable. Here's the answer to that question, along with some other important information.
Yes, They're Liable
If a rock from a dump truck hits your vehicle and causes a windshield crack or other damage, the company may have to pay to fix your vehicle, assuming you have proof.
No, They're Not Liable
Unfortunately, drivers with this type of damage have very little chance of legal recourse. First of all, you're driving, so it wouldn't be safe to grab your cell phone and get footage of rocks falling from the truck. If the rocks hit the ground first and then hit your vehicle, the rocks are then considered "road debris," and no one is at fault. So, even if you have a passenger who can record video, you still can't prove that the rocks that damaged your vehicle came directly from the truck without bouncing on the road first. You also have to be able to prove you were following at a safe distance when the debris hit your car, which is impossible to do unless your passenger happened to have the video recording as the damage was happening.
What You Can Do
You can try to contact the company that owns the truck. It doesn't hurt to share your experience and ask for reimbursement. The worst thing they can do is say no. You can also contact your car insurance representative to see if they would be willing to advocate for you. If you think you have enough documentation to make a convincing case, you can file a small claims case. Lastly, you can do nothing at all, accepting the fact that you or your insurance company will pay to repair the damage.
If a rock has damaged your windshield, feel free to contact us with any additional questions or concerns you may have.