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Non Trucking LiabilityPosted on January 14, 2010. Do you know something about hitting a movement not of the road? I carried a mattress on a straight wins 40 mile an hour zone and fell from the top of my truck. (I made sure, but I think the wind beneath me) Well, about three or four minutes later, a car hit the mattress. He said he did not see him. As it was already on the ground and he had plenty of time to see other drivers have done had he been paying attention or not going on the speed zone, I do not know what to do. We did not call the police, we just exchange phone numbers. I have a patient who is a judge in family law and she said that it is not my responsibility because it did not control his speed and he was not at the bottom of a hill where he could not see. If she had dropped my truck and hit it would be different. he was already in a stable position. What do you think. If it is infact my fault, I do not want to leave him hanging. But I do not want to pay for everything that is not my responsibility even though I feel very badly about it being my property has fallen. I'm so glad I decided to wait until the roads were clear. I'll give you 2 examples. Example one, a similar situation occurred in Baton Rouge, LA. A mattress fell off a truck on the side of a bridge, a dump truck hit his brakes to avoid hitting him, causing another vehicle to the rear, the dump truck, seriously injuring the occupants Last vehicles. The person (s) who have lost their dependents have been ticketed for failure to secure the load, nothing else. The dump truck was not a ticket either, all he did was hit the "brakes. The last vehicle in line was ticketed for failure to maintain control. In your mind, who did what? The law says that once the object hits the road and stopped, it's just an obstruction of the road. That said, I myself behind a truck pulling a trailer, which dropped out of a 2x4, which hit the road, bounced, hit my hood and put a 5-6 "fold in it. I told I hunted, he said no insurance, I will not put in a claim to my insurance for it, if I had to live with it. It was his fault, but mine also follow too closely to respond to the 2x4 that comes out of the trailer. after giving two examples, it just goes to show, leave enough space in front of you to respond to traffic conditions changing. Who's fault is subjective. Whatever you did to fix it you failed. He fell, and did damage to someone else's vehicle. Guess what? You need to be repaired, it should not be a tired engine, and show some financial responsibility. The other vehicle was not damaged, if you were not moving a mattress. Do you have other questions? I think that the responsibility rested on the driver of the vehicle that hit the mattress. If it was on the field for 3 or 4 minutes, the pilot would have had much time to see it. But do not be surprised if you receive a letter from the insurance company of guys. If the mattress was stationary when the car hit him, I do not think that you are responsible. If the mattress bounced in front of the car, you are responsible. CommentsThere are no comments.Leave a Comment |