If something falls off my truck and is hit by another car am I liable for the other cars damage?
Find answers to your legal question.
If something falls off my truck and is hit by another car am I liable for the other cars damage?
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I was driving and one of my ropes broke I started to slow down and move into the shoulder when a an A/C fell off my truck and landed on the shoulder. I stopped, backed up and smash this old ford explorer hit my condenser, an 18-wheeler and 6 other cars went by and didn't hit it. The A/C wasn't even in the road it was on the shoulder almost in the ditch. The guy hit it head on, I am pretty sure he hit it on purpose because he said he had just been laid off and all that crap, but I don't think I can say anything to my insurance.
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fire4511
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You are responsible for making sure that your cargo is secured at all times. Seeing as the item fell off of your truck due to a failure of the rope that you were using to secure it, you are liable for any and all damages caused.
The AC should have been secured with a stronger rope, strap or cable.Seeing as it was not, and the other driver suffered damage, you will have to pay. |
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LeAnne
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Unfortunately, most conclusions will be be based on the load not being securely tied down on the truck. Sorry. |
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Scott H
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Yes. it's called "failure to secure your load". |
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Marc
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It is your responsibility to secure the load. If something comes loose and causes injury and or damage, you are liable. |
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Gambit
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while you are at fault for not securing your load, you may have a case for contributory negligence on the other person's part because, unless he had a good reason, he went onto the shoulder in order to hit the item. I would speak to a lawyer about this and see what they have to say. The problem is if you report this to your insurer they are just going to want to settle right away. However if you don't report it to your insurer then you're on the hook for any judgment. Bit of a Catch-22 but that's life. |
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