Did a rock hit your windshield when passing by a commercial vehicle?
One of the most common ways for a windshield to be damaged is for a rock to fly up off the highway and smack right into the windshield, leaving a permanent chip or crack behind. Sometimes these small rocks get on the road by a highway maintenance truck, they might be tracked onto the highway from a gravel road, and other times, you can see exactly where they are coming from. Although rare, trucks transporting gravel or other types of material may have rocks flying directly out of the back of them. If this happened to you, you may be wondering if you can hold the company accountable. Here is some information that you should know.
When a Company is Accountable
Alaska Statutes 13 AAC 02.090 states that a motor vehicle may not follow another vehicle more closely than is reasonable and prudent and at least two seconds behind the vehicle being followed, having regard for the traffic upon the roadway and the condition of the roadway. At 55 miles per hour, two seconds between vehicles equals 160 feet. The company can only be found liable if you kept a safe distance between the truck and your vehicle and you can prove that the truck was overloaded or loaded in a poor manner resulting in a spill.
How to Prove Your Claim
While a company can be found liable if a rock hits your windshield after flying from the back of their truck, proving it is a different story. You must be able to prove that the rock hit your windshield without it coming off the road, and you must be able to identify with evidence, what truck the rock came from. If you have a passenger in the car or a dash camera, obtaining a video of the truck may help make your case. If you can see other rocks flying out of the back of the truck, you may be able to show that what you are stating is reasonably true. You may also be able to prove that the load was loaded in a poor manner or was overloaded, which can make the company responsible.
What to Do If It Happens to You
If your windshield was damaged, and you feel that we are responsible, contact us with proof and submit your claim. It will be evaluated in a reasonable amount of time. You must provide evidence that shows the truck was at fault, be sure to submit it immediately with the date and time of the incident. Following the truck is not always something we want to do, but this is often the best method for a positive outcome.
If you do follow the truck, remember to keep your cool. It’s Alaska, the roads are rough and sometimes the driver may be unaware of the issue.
QUESTIONS OR CONCERNS?
If you would like to speak with someone regarding your windshield. Please don’t hesitate to Call or Email us and we will be happy to assist you.
Remember, you must provide evidence or your claim may not get very far.
Fill out as much of the form as you can. Include all of the details surrounding the incident.
We’ll be in touch after investigating the details and we will let you know if there is anything we can do.
Contact us:
Anchor Point & Homer Office: 907-235-7126
Soldotna Office: 907-262-6273
Email: office@dibblecreekrock.com