fire and brimstone

2446 Views 13 Replies 11 Participants Last post by Toobuku, Oct 23, 2005

rtboy1961

Discussion Starter · Oct 17, 2005

While driving on the interstate today a dump truck was dropping rocks everywhere. Lucky me I got caught in it. It was like fire and brimstone. The fire was me being mad about it and the brimstone was the rocks bounceing all over the road. I got a body shop estimate for $1,965.00 plus an additional $250 for car rental. The trucking company will call me back tomorrow to see how they want to handle it. I told the manager what had happened and told him if it was an old car I would care but it was a 2006 Honda ridgeline and then he said " aagh ,I dont blame you for wanting it fixed.

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swampler

· #2 · Oct 17, 2005

Sorry to hear that. Most of those truckers have "stay back" and "not responsible for damage" on them. Good luck with getting reimbursed...there's always insurance if they refuse to pay.

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lowrider90

· #3 · Oct 17, 2005

My wife has luck like your, luckily, I drive the ridge, but I feel sorry for her pilot knowing what is in store for her.

She used to have the odyssey, by the time we traded it it looked like a dart board

I hope they fix it for you!

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lowrider90

· #4 · Oct 17, 2005

swampler said:
Sorry to hear that. Most of those truckers have "stay back" and "not responsible for damage" on them. Good luck with getting reimbursed...there's always insurance if they refuse to pay.

They can post all the signs they want, but they are still responsible for any damage they cause as a result of their failure to make the vehicle safe for others on the road.

Don't let them tell you no, get the trucks insurance comapany name and number and file a complaint, (it is probably against the law for them to withhold the information) file a report with the local police dept in the town you were hit if possible!!

You'll probably get the damages you incurred if you pursue it with vengance.

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DoctorJ

· #5 · Oct 17, 2005

I have seen dump trucks getting pulled over that come out of a nearby rock quarry. Apparently debris was falling out of the truck.

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ridgeln

· #6 · Oct 17, 2005

They were probably being cited for "failure to secure the load" or something similar - the same can happen w/ us if we have unsecured cargo in our trucks that flies out and lands on the road causing a hazard.

-ridgeln

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rtboy1961

Discussion Starter · #7 · Oct 17, 2005

My wife is a paralegal and she laughs at those signs on trucks that say " stay back 200 feet , not responsible for rock damage" These are totally bogus and do not hold up in court. At least here in Indiana it doesnt. I see what they sat tomorrow.

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steveberger

· #8 · Oct 17, 2005 (Edited)

I am (sort of) in the shippng business. I mostly ship radioactive materials. At the risk of sounding like I'm bragging, I consider myself expert at Department of Transportation regulations. The appropriate regulation in this case applys to any commercial carrier.

The Code of Federal Regulations, Title 49 Transportation, Part 393, Subpart I - Protection Against Shifting or Falling Cargo, contains all of the regulations for load securement.

A trucking company can put all the "...not responsible..." signs they want on their trucks but...

49CFR393.100(c) states, "Each commercial motor vehicle must, when transporting cargo on public roads, be loaded and equipped, and cargo secured, in accordance with this subpart to prevent the cargo from leaking, spilling, blowing or falling from the motor vehicle."

They are responsible! Quote this to them or have your lawyer do it if necessary. They will have to pay.

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SmokyMtnRidger

· #9 · Oct 18, 2005

Brag Away!

DOT experts, lawyers, ya gotta love this place!

We need a judge, we need Texas Judge Larry Joe!

Book 'em Dano!

Hey Steve, what kind of radioactive material do you ship? For industry or healthcare? Just interested because hubby works in Oak Ridge (although not at ORNL) and I have responsibility at my job for the production of some radiopharmaceuticals in a hot lab, radiopharmacy and Cyclotron. I have physicists and folks that work for me that are experts about it, so I only know enough to be dangerous! (We do ship some of our FDG out to other healthcare facilities and also we import some of our other radiopharmaceuticals)

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steveberger

· #10 · Oct 18, 2005

Worked at an operating nuclear power plant in Vermont for many years. From there I managed an industrial laundry that cleaned the yellow protective clothing worn at nuclear facilities-had to ship the stuff back and forth in company trucks. Currently I am decommissioning the Connecticut Yankee plant so I'm shipping tons and tons of contaminated demolition debris using contract carriers.

I have been to Oak Ridge while working for Duratek on Gallaher Road in Kingston, TN.

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captmiddy

· #11 · Oct 18, 2005

Yea definitely torture them until they pay you. I hate when trucks drive down the highway with stuff blowing out of them, at least usually around here it is light stuff like Styrofoam or the like. But it is still irritating.

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JOZ RIDG

· #12 · Oct 18, 2005

steveberger said:
I am (sort of) in the shippng business. I mostly ship radioactive materials. At the risk of sounding like I'm bragging, I consider myself expert at Department of Transportation regulations. The appropriate regulation in this case applys to any commercial carrier.

The Code of Federal Regulations, Title 49 Transportation, Part 393, Subpart I - Protection Against Shifting or Falling Cargo, contains all of the regulations for load securement.

A trucking company can put all the "...not responsible..." signs they want on their trucks but...

49CFR393.100(c) states, "Each commercial motor vehicle must, when transporting cargo on public roads, be loaded and equipped, and cargo secured, in accordance with this subpart to prevent the cargo from leaking, spilling, blowing or falling from the motor vehicle."

They are responsible! Quote this to them or have your lawyer do it if necessary. They will have to pay.

Bragging? - nothing of the sort.

Thanks for the excellent infornation. Where I live my pet peeve are those double trailer belly- dump sand/gravel trucks bouncing down the freeways spilling gravel all over the road. Even if you stay out from behind them cars pick up the gravel and it hits your paint or windshield long after the trucks are gone. The drivers that really provoke me are the one's who know they are spilling gravel and don't care. I have given many of them the appropriate hand gesture. I knew there were laws, now I don't have to search for them.

I printed your info and put it in glove box of all my vehicles. May come in handy some day.

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rogerstruck

· #13 · Oct 23, 2005

Great information. The "Good Ol Boys" in Arkansas got a law pass recently the they don'nt have to cover thir load, "It would be too expensive for them. I personally think thats aload of bull crap

. May be they should start hauling that instead of rocks.

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Toobuku

· #14 · Oct 23, 2005

rtboy1961 said:
While driving on the interstate today a dump truck was dropping rocks everywhere. Lucky me I got caught in it. It was like fire and brimstone. The fire was me being mad about it and the brimstone was the rocks bounceing all over the road. I got a body shop estimate for $1,965.00 plus an additional $250 for car rental. The trucking company will call me back tomorrow to see how they want to handle it. I told the manager what had happened and told him if it was an old car I would care but it was a 2006 Honda ridgeline and then he said " aagh ,I dont blame you for wanting it fixed.

I feel your pain! It happened to me also but it was a gravel hauler and I the truck was some distance away! I caught the residual of everyone else driving thought his gravel wake! My truck got pitted a bit and cracked the right fog light lens. Touch up paint covered the pits and the fog light is still operational! I was so P.O.'d!

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