Question Regarding Debris Hit By Car In Front Of Me Already On Road Car

[Runebane]

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.

A few years ago in another car a piece of drywall (large piece) fell off the truck in front of me, I couldn't swerve or I'd hit another car so I tried to stop, but by then the piece had hit the road, bounce and imbedded itself in my car's grill. I had the trucks license plate and cam recording. Insurance company (mine) states under California law I'm liable since it bounced on the road. They told me if it never touched the road, then and only then would the driver of the other car be responsible. I was a bit miffed...

 

[derotam]

A few years ago in another car a piece of drywall (large piece) fell off the truck in front of me, I couldn't swerve or I'd hit another car so I tried to stop, but by then the piece had hit the road, bounce and imbedded itself in my car's grill. I had the trucks license plate and cam recording. Insurance company (mine) states under California law I'm liable since it bounced on the road. They told me if it never touched the road, then and only then would the driver of the other car be responsible. I was a bit miffed...

That would be an interesting law to read...did you ask for the statute? Insurance companies are good at telling people the wrong thing, especially the claims people.

 

[BYE FOSL]

There is a lot of misinformation here. There are no specific laws about debris bouncing or not bouncing, etc., determining results. The only question to ask in order to resolve your issue is whether the driver of the vehicle in front of you was negligent. Negligence is the failure to use due care. More simply, do you think the driver of the vehicle in front of you would be found to be have done something wrong by a jury? I would tell you, if you called my office, that I would need a $15,000 retainer, hoping I would never hear from you again.