Maybe Swift is bad because of their DRIVERS

You can put whatever sign you want on your truck, it doesn't mean a thing. If someone is injured or property is damaged from debris from your truck, you are liable.
Maybe in your world I could go out drinking all night, then put a sign on my car saying "not responsible for driving over your children".

Those signs do not absolve you one iota. Your wife needs better lawyers.

 

Well you have your opinion and I have mine. Mine is based on experience both personally and because of my wife's work To get paid for damage, one would have to prove negligence. Tarping is considered due diligence. Part of the tarping process is to ensure that the trailer doesn't have anything that can fall off. If all that is done the courts have ruled due diligence has been met and it would be hard fr a person to prove the rock didn't come off the pavement from your wheels. In your example, you hve proven negligence by drinking and driving, which is against the law. There is no law saying trucks cannot haul freight/materials. If you are driving your truck down the road and a rock comes off your tire and cracks a windshield, you are not liable.

 

Palm Beach Jury Awards $6.1 Million Wrongful Death Verdict to Family of Florida Woman Killed by Flying Road Debris

http://www.floridainjuryattorneyblog.com/2008/10/palm_beach_jury_awards_61_mill.html

 

How often do you see a rock truck with tarps on it? Arround here they do not use tarps on gravel trucks.

I have seen tarps on a dirt load when it is windy but that was the only time.

If I ever have a rock hit my windshield from a rock truck I do not care what sign is on that truck I will sue the company and the driver.

By the way if a rock gets picked and thrown from a tire you are still responsible if there are no mud flaps on your truck.

I had to worry about that on my wrecker that was a 1 ton dually. I have heard about cases from people suing for a rock being thrown from the tire.

 

*slaps forehead* OMG it was a woman driver!

We already have such a bad rep

 

Tarping is probably required by your states vehicle code, actually. It is in CA, at least.

There are different types of negligence. Not all of it is obvious, nor does it have to be blatant or direct to be considered negligence. Its a pretty complicated area of law, actually. You are stating with such certainty that the courts will decide a certain way because a couple of things are done, therefore a company will be absolved from liability? No.

I am surprised at reading your statements considering you are defending a company that you feel is being unfairly attacked.

 

There are lawyers that make their entire living out of suing trucking companies for just that. I actually know one up in Lake County, Indiana(I grew up with his children) that makes his living by suing trucking companies that dont use tarps and that have stuff fly off of trucks and hit cars and various other aspects of transport law and he has lost very, very few cases in the over 30 years he has been involved in transportation law.

 

I forgot to add I had a guy that was following me and accused me of cracking his windshield from the pea gravel I was hauling on a trailer with my pickup.

I told him yeah right The trailer I was pulling was 1-2 ft from the ground and he was trying to say it hit the ground then bounced 4-6 feet and hit his windshield when he was 3 ft from my bumper.

The tires were in the middle of a 12 ft trailer so it could of not been thrown from the tire and hit the windshield.

He called my insurance carrier and made a claim I told them if they pay it I was gone from there.

I do not know what happened to the claim but I caught the agent stealing my money and told them to stick their policy we the sun doesnt shine.

I was cited for not securing my load they told me I should of had a tarp I told them yeah that makes sence but how do you tarp off a flat bed and keep the rock from comming off.

This happened a while back about 6 years ago.

 

Sure
Wish
I had a
Faster
Truck!

 

As I was told by a female Swift driver one night, I think she may have been coming on to me.

So
What
I
do
Truckers