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Question Regarding Debris Hit By Car In Front Of Me Already On Road Car
- Thread starter jmeer
- Start date
C141medic
Active Member
That sucks. Technically yes, but legally no way. Unless the debris actually came from the car itself. Unfortunately it’s just one of those things you have to suck up and take care of yourself.
I'm pretty sure it was on the road already. As you can see from the pictures, there is other debris in front of the white truck already. How is it technically yes, but legally no? If I were to be able to pull his license plate, would I be able to file a claim against his insurance?
SammichLover
Banned
Road debris; Legally almost certainly on you to dodge or not follow as close. If it came out of the vehicle, AKA unsecured load, and your video could show that it'd be a different situation of course. If it was a part falling off the other vehicle, that gets into a grey area and good luck with that.
BTW I was on the other end of this some years back. Going down a crowded Interstate I came upon an 18-wheeler's tread laying across the dead middle of my lane. No real way to swerve around, and probably very dangerous to dead stop on that rather high speed road. I slowed a bit and coasted over top. The Neon, IIRC, behind was following pretty close. I never physically touched it but my jet wash pulled the tread right up off the pavement and it slammed across the follower's hood. I could see it crumpling in under the impact.
So consider yourself relatively fortunate.
BTW I was on the other end of this some years back. Going down a crowded Interstate I came upon an 18-wheeler's tread laying across the dead middle of my lane. No real way to swerve around, and probably very dangerous to dead stop on that rather high speed road. I slowed a bit and coasted over top. The Neon, IIRC, behind was following pretty close. I never physically touched it but my jet wash pulled the tread right up off the pavement and it slammed across the follower's hood. I could see it crumpling in under the impact.
So consider yourself relatively fortunate.
Thought experiment... The debris ricochets off your car and hits a car behind you. The only reason the debris hits the car behind you is because your car changed its trajectory and sped it up. Do you believe you're liable for the damage to the car behind you? If not, then why do you believe the car in front of you is liable for the damage to your car?
C141medic
Active Member
Listen to what @SammichLover posted. He’s absolutely correct. Think of it this way, what if someone’s tires in front of you inadvertently threw a pebble/rock your way and it chipped your windshield? It’s considered part of driving. Does it suck? Absolutely, but how can you blame the other driver if it wasn’t intentional.
I think most accidents are not intentional, but people are still responsible for them.
C141medic
Active Member
This particular case was not an “accident” It was road debris. Obviously majority of accidents aren’t intentional and that’s why they’re called accidents and not on purposes. Even if the OP would’ve gotten into an “accident” as a result of the road debris who would you hold responsible?
Glamisduner
Active Member
Was that on the 15? I'm guessing no by the lane markings. There was an accident and car fire today that had shut down all lanes even the carpool lane was backed up. If it is the south, maybe you can find out the info on the cars that were in the accident. It looks like it may have been part of another car that was not cleaned up.
You may be able to file a claim on your insurance, and see who they say is accountable, although it will likely be you (stupid I know). Believe it or not this happens all the time, I have had buckets shot into the front of my cars from the next lane, that broke my bumper. Suv's passing kicking up road shrapnel that exploded my tire when in the fast lane etc. I have always ended up sucking it up or paying for the damage.
You may be able to file a claim on your insurance, and see who they say is accountable, although it will likely be you (stupid I know). Believe it or not this happens all the time, I have had buckets shot into the front of my cars from the next lane, that broke my bumper. Suv's passing kicking up road shrapnel that exploded my tire when in the fast lane etc. I have always ended up sucking it up or paying for the damage.
It's a comprehensive claim, not collision, *as long as it was kicked up by another car and not just laying in the road for god knows how long when you hit it*
I had a similar situation and filed it under comprehensive without issue. If it's stationary and you hit it, then it's generally considered a collision because you should have been following at such a range that you could have seen it. However if it's flying and in motion, then it should not be considered a collision since it came at you.
I can't say I've checked into the legality of it, but I believe it would be unethical to even try.
That's like blaming someone for existing.
Bad luck is just bad luck.
I don't see anything abnormal about the following distance. Sometimes its simply difficult to avoid debris especially when there is so much of it. I'm assuming that's why the truck was so far over.
That's like blaming someone for existing.
Bad luck is just bad luck.
I don't see anything abnormal about the following distance. Sometimes its simply difficult to avoid debris especially when there is so much of it. I'm assuming that's why the truck was so far over.
Nope. There’s no liability if the object was already on the roadway unless you have evidence the other vehicle could have avoided causing it to hit your car.
By the way, there’s no legal term for an “accident”. It’s called negligence and has nothing to do with your intention. It’s only about whether your actions caused the injury.
By the way, there’s no legal term for an “accident”. It’s called negligence and has nothing to do with your intention. It’s only about whether your actions caused the injury.
Uncle Paul
Well-Known Member
In California the law is pretty clear. If a truck kicks up something already on the road, they are not responsible. If something falls off their load, then they are responsible.
destructure00
Active Member
Yes, same experience here. My insurance company clarified if the debris was moving or not when it hit my truck. Collision with moving debris was no-fault and covered by comprehensive. Collision with stationary debris was at fault and not comprehensive.
The ethics of it are the vehicle in front of you is supposed to be responsible enough to avoid it. Because they weren't careful it is now flying towards you at high speed, making you unable to avoid it, etc. So technically it's the fault of the vehicle that kicked it towards you, or whatever vehicle it came off of in the first place. There is bad luck, but this case is purely the vehicle in front of them not doing what they were supposed to be doing.
I can post the video if anyone is interested, but it was kicked up by the truck, so it was definitely moving debris. Might not be worth it to file a claim, but I'll get a quote and see how much it is.
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