What is the name of your state (only U.S. law)? During the icy winter in dallas,tx my mom was driving a semi truck had a huge piece of ice hit and totaled the windsheild and ruined the top of the car. Can she file a claim against the company of the driver for negligence, even know it was a accident?
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Ice breaking a windsheild/ruining the top of a my moms car
- Thread starter curious90
- Start date
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OHRoadwarrior
Senior Member
Some northern states have such laws because the ice can be obscured by weather up North. I do not believe Texas does. Why was she following too closely to react? She needs to turn it into her car insurance. It does not appear she has video evidence to back up her contentions.
Silverplum
Senior Member
The top of what car?
Zigner
Senior Member, Non-Attorney
You KNOW there was no negligence involved, yet you want to try to "blame" it on the truck driver?
Just Blue
Senior Member
If I'm interpreting doofus speak correctly, the question refers to the negligence of the truck driver to drive with an object (the ice) that could easily fall off and damage other vehicles behind him/her. I don't know if Texas has a law addressing this, but since it DOES snow there in the winter, it may. I liken this to driving with any other object on top of your vehicle that is not secured and could fall off and damage others.
her car. would pictures help?
came from the top of his car….and the tow truck driver told her that if she was going faster then window shield glass could have came back and cut her.
OHRoadwarrior
Senior Member
Actually Zigner, a few states are kind of divided as laws progress. PA has the strictest law, because a large ice sheet fell off a semi on 81n by Harrisburg and was so heavy it went through the windshield of the car behind, killing the driver. The problem with legislating any kind of requirement is that it is not feasibly possible for truck drivers to climb up on top of a trailer and vibrate an ice sheet loose from the top of their trailer. Semi trailer roofs are actually very weak compared to the rest of the vehicle and flex. Further, ice and snow up there can actually trigger over height detectors. The best method trucking companies have to address the issue is to put the equivalent of a snow brush at 13'8" to run trailers under. Those are only at terminals so trucks in truck stops etc... cannot avail themselves to redneck technology. The standard application of law is that the vehicle following needs to maintain assured clear distance. Even trucking companies are actually at risk from the ice sheets breaking loose. If one slides forward coming off a mountain, it sometimes land on and knocks off the airlines. This applies the trailers brakes at highway speed, potentially on an iced road within a few seconds and the trailer wheels lock up. Another reason of several ice related reasons you should stay well back from trucks in the ice and snow. The third is ice chunks breaking off from around wheels and leave 1.5 foot 40 pound ice rocks in the road.
Silverplum
Senior Member
No pictures, thanks.
As Blue pointed out, it was your lack of punctuation that led to confusion.
HighwayMan
Super Secret Senior Member
Good for her. You go girl!
OHRoadwarrior
Senior Member
I inferred that was "behind a semi truck". Otherwise she was driving a car hauler and unsafely tailgating as one truck could never stop on bad road with that short of a reaction interval.