Object falls off truck/liability

[kdwelch1]

What is the name of your state? NH

I'm driving down the highway and the drive shaft of a dump truck falls off in front of me,
which I hit and ended up totalling my car.

I do not have rental coverage on my policy, and in trying to recover my rental expenses, the insurer of the dump truck claims the operator was not negligent as there was no indication prior to the drive shaft falling off, and therefore not responsible for reimbursing me.

I thought if something falls off your vehicle you are responsible for its consequences, do I have a case?

TIA.

 

[I AM ALWAYS LIABLE]

What is the name of your state? NH

I'm driving down the highway and the drive shaft of a dump truck falls off in front of me,
which I hit and ended up totalling my car.

I do not have rental coverage on my policy, and in trying to recover my rental expenses, the insurer of the dump truck claims the operator was not negligent as there was no indication prior to the drive shaft falling off, and therefore not responsible for reimbursing me.

I thought if something falls off your vehicle you are responsible for its consequences, do I have a case?

TIA.

My response:

No, not in this instance - - or, for that matter, very few other instances.

Chalk this one up to, and place it in the file called, "Crap happens."

IAAL

 

[spawn_x]

that's nonsense IAAL.

1. What do you mean the driveshaft fell off ? A little more explanation please as to what you mean by "driveshaft" and "fell off". Are you talking about the actual axle with the wheels on each side? Or the small shaft inside the axle? More explanaiton.

2. What happened to the dump truck? Did it crash..?

3. If they're denying the claim you go to court and sue them for the amount. If its too big for small claims court then go higher.

it would apply to "crap happens" but i'm sure IAAL isn't even sure of what a driveshaft even is.

 

[I AM ALWAYS LIABLE]

"that's nonsense IAAL."

MY RESPONSE: Okay. You're right! Our writer will find out . . .


1. What do you mean the driveshaft fell off ? A little more explanation please as to what you mean by "driveshaft" and "fell off". Are you talking about the actual axle with the wheels on each side? Or the small shaft inside the axle? More explanaiton.

MY RESPONSE: What are you asking this for? What does it matter? Okay, ANY truck part fell off - - so what?


2. What happened to the dump truck? Did it crash..?

MY RESPONSE: What does this question have to do with the price of eggs in China? Who cares what happened to the truck. The point is, is there "duty, causation and damages". All three elements must be present for our writer to be compensated.


3. If they're denying the claim you go to court and sue them for the amount. If its too big for small claims court then go higher.

MY RESPONSE: Sure, our writer can try. But, our writer will get nowhere fast.


it would apply to "crap happens" but i'm sure IAAL isn't even sure of what a driveshaft even is.

MY RESPONSE: I have no idea what you mean by "it would apply to 'crap happens'". Are you, with this statement, arguing for or against insurance or defendant coverage and liability?

I won't even bother with the rest of your sentence.

But, you know best Spawn-X.

IAAL

 

[spawn_x]

so what do you mean "crap happens"?

i am willing to bet its negligence on the company's fault. chances are someone was performing work on the vehicle and didn't tighten something up.

 

[JETX]

One thing that might affect this discussion... if the driveshaft was being transported by the truck and wasn't secured, then there could be liability. However, if the 'operating' driveshaft fell off, there probably isn't any liability. Crap happens.

 

[spawn_x]

i see it in a different way.

its a dump truck, so it has to be able to hold a lot of weight.

that means inspections have to be made to make sure that it is CAPABLE of holding that much weight.

If a driveshaft just "fell off" then it was either ignored during inspection, or ignored repair.

those things don't just break off instantly and fall off, it takes time + stress.


i do not know every regulation on dumptruck requirements / inspections, but i am 100% sure they exist since its a commercial vehicle that has to meet certain standards.

 

[racer72]

spawn x, I had the drive shaft break and fall out of a truck I owned. I had no warning, wasn't hauling anything, I stepped on the gas, heard something snap and I was stranded. U-joints can break from a variety of reasons and there is not way to determine this by a visual inspection. And I don't know of any state that inspects the drivelines of trucks, the drivelines themselves are not considered a safety item. The OP would have to prove negligence in order to pursue a case, I serious doubt he could.

 

[spawn_x]

 

[JETX]

Sorry I got into this one. Seems like logic and law (not mutually exclusive) have gone out the window.

Lets cut to the chase.....
If the item fell from the bed of the truck, the driver, owner or loader could have liability.
If the item from FROM off the truck, there is no liability by the driver or owner.

Case closed.
Lets move on to other posts.

 

[HomeGuru]

Although the case is closed, I would like to interject my comment:
crap happens and so does spawn-x.

 

[attyhcl]

the operator/owner of the truck has a duty to maintain their vehicle which they obviously did not do.....i think that there is a viable claim available to you to recoup your losses....good luck.....

 

[JETX]

the operator/owner of the truck has a duty to maintain their vehicle which they obviously did not do.....i think that there is a viable claim available to you to recoup your losses....good luck.....

Assumes facts not in evidence. Your objection is over-ruled.

 

[attyhcl]

i guess you havent heard of res ipsa loquitor either...h.

 

[JETX]

But it doesn't. You are making a huge leap from a driveshaft failure to being indicative of poor maintenance. Simply, there is no support for your leap.