UFOs and windshields

Streakn1

Veteran Expediter
As drivers of commercial vehicles we are all targets for being blamed for damage to vehicles and property that we did not cause. Many attempts are made for you the owner of the CV or your insurance company to pay for the alledged damaged. Some states such as NJ are "at fault" states meaning that if the complaintant can prove that an object fell or flew off of your vehicle and damaged another, you are at fault and liable for the damage.

A cargo box or box trailer obviously is less likely than an open deck trailer to have freight or objects fly out and cause damage to another vehicle or property. We ALL are responsible to see that nothing can come loose, especially anyone with an open deck. An open deck such as ours makes for an easier target as we learned this past week.

While traveling through NJ such a claim was made. Interestingly enough, we had just done a driver change and full PTI less than two hours before the alledged incident. Our PTIs include a full securement check of any freight on the deck, inspection of the freight, plus tarp and deck surface check to see that no objects are loose that could become dangerous projectiles. We also stop every three hours or 150-200 miles to do a securement check when loaded.

Once we were notified that an incident had occurred we conducted another full inspection. All tools, freight, chains, straps, tarps, blocking,etc was accounted for and nothing found missing or loose. Nothing had fallen from our deck especially an object fitting the complaintants discription. At no time has any object fitting the discription been on our deck.Obviously the object that damaged said vehicle was thrown from another vehicle and appeared to fly off of our deck. Fortunately, the burden of proof showing that we had caused the damage worked in our favor.
 
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jaminjim

Veteran Expediter
Years ago I had a friend get a windshield chipped by crushed rock falling off a dump truck of a local construction company, When he called they pretty much told him unless he had several witnesses he could ES&D. Although he never got any money from the POS, the local Tire company made money about once a month for the rest of the year.
 

davelees1

Seasoned Expediter
After 120,000 miles this year, the only stone chip/crack in my windshield was from a car, not a truck! That would be hard to prove, but it was dark and just me and the car in front of me on the road.
 

pelicn

Veteran Expediter
I worked as a bookkeeper for a construction company in a previous life. We constantly had calls from motorists that our trucks had thrown a rock and shattered their windshields. The owner paid over and over again, until he finally got tired of being the "good guy". He began requiring proof of where the incident occurred, and 9 out of 10 times our trucks were not in the area.
 

theoldprof

Veteran Expediter
I was hit in the rear of my van in the Detroit area while heading for the Ambassador bridge. I was driving about 60 mph, the speed limit, and was hit in the rear by another driver. She was doing about 62 mph. She had Mich no fault insurance. Basically, she hit me, she was at fault, and due to the no fault laws, I put the van in the shop under my $1,000 deductable but due to laws and agreements I could only collect $500 from her insurance company. She hit me, and it cost me $500.
 

layoutshooter

Veteran Expediter
Retired Expediter
It is not No-Fault in Michigan it is My Fault. No matter what happens you just say My Fault and you pay for it. Gotta love it!!! Layoutshooter
 
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