Object falls off truck/liability

[spawn_x]

without knowing exactly what he means by driveshaft there's no advice to be given. I am sure we all have difference definitions of what a driveshaft is. technically driveshaft is the shaft that goes from transmission to the axle(s).

without knowing exactly what "fell off" advice can't be given.

 

[RunningOnEmpty]

When a vehicle has an accident due to mechanical failure, the insurance company typically charges the policyholder with a "negligent" accident. This is based upon the premise that it is the insured's duty to properly maintain his vehicle. There are exceptions, of course, but this is typically what happens.

If I were in your position and I could get no satisfaction from my own insurance company or from his insurance company, I would try to pursue the matter in small claims court.

I would contend that that the registered owner of the dump trunk failed to properly maintain his vehicle and that, as a result of his negligence in maintaining that vehicle, I incurred damages. I would think that I large commercial vehicle, such as a dump trunk is subject to regular inspections. If inspections and maintenance are performed on a regular basis, there shouldn't be parts falling off the vehicle. Is this by any chance a really old dump truck?

If the guy shows up with inspection records, maintenance records and so forth, proving that he was not negligent in the maintenance of his vehicle, you're screwed. If you've got the time and the $25 or so it costs to file in small claims court, it would be worth a shot.

 

[missjane]

i look but don't respond but spawn-x forced me too. yes the u-joint has something to do with the drive shaft. it holds it in and yes you can tell when it is ready to fall out if you are any type of mechanic at all. visual damage or when the truck backs up it will clunk. a drive shaft is a drive shaft and an axle is an axle. if the person says a drive shaft fell out why would you question it. thank you

 

[hexeliebe]

to answer your question missjane, some people come here to impress us with their intelligence (or lack thereof).

making a leap from the original post to driveshafts, u-joints (which, until the mid 70s, were not protected from the roadway and could cause the driveshaft to come in contact with the roadway and thus, flip the car over and disengage) and axles is nonesense.

The fact is if the dump truck was carrying the driveshaft as a load for hire and it was not tied down, yes there COULD be liability.

If the driveshaft was an operational part of the vehicle then you would have to prove negligence by the company, garage or other party in the maintenance of the vehicle to even get in the door of any kind of suit and from the stated facts (and we all know we hear the WHOLE story the first time here) that ain't gonna happen....but I'll tell you what does happen....

CRAP!

 

[spawn_x]

Because most folks confuse most of the car parts such as shafts, drive-shafts, axles, u-joints, cv-joints, etc. hence why i wanted to know if they in fact are referring to the correct part.



if it was the actual drive-shaft they were referring to then there's a couple flaws...

it WILL NOT total your car/truck - at most its a couple inches thick. if you kept your distance then you would have more than enough time to avoid driving into it.

it will NOT just drop onto the ground right in front of you - keep in mind it will have 1. the momentum of the moving vehicle and will continue to move forward at least for some distance, 2. it is spinning so when it falls the FIRST THING it will do is start to roll sideways.

It is interesting that the poster has not answered a single question we asked her.. makes me question this whole "accident".

that is all.

 

[cire318]

*It is interesting that the poster has not answered a single question we asked her.. makes me question this whole "accident"*
-and how do you know that the poster is a "she"?

 

[I AM ALWAYS LIABLE]

*It is interesting that the poster has not answered a single question we asked her.. makes me question this whole "accident"*
-and how do you know that the poster is a "she"?

My response:

Pronouns are interchangeable. It's a perfectly acceptable part of speech to use a particular pronoun when referencing a human being, when that person's gender is unknown. So, get off your "gender bias" soapbox.

IAAL

 

[JETX]

JC, another FOUR post newbie who can't figure out that his opinion means squat on here.
Simply, if you don't like what you read "Avert thine eyes"..... and keep your mouth shut!!

 

[hexeliebe]

For your information Michael25, 'minor flaws' are why most people end up in litigation. A misspelling on a search warrant, the wrong location on a contract for deed, and other 'minor flaws' could cause you to either win or lose your point in court, which is what this board is all about.

So, while you may not make much of a 'minor flaw', those of use who offer legitimate advice here do. Because we know it could be the difference between receiving the help posters need or not.

By the way, you are missing a comma between the beginning exclamation and the secondary subject of your sentence, an apostrophy in 'doesnt' and your 'your' in the first sentence is supposed to be a conjunction such as 'you are' or more correctly, 'you're'.

As for your last sentence,

Let me spell that out for you: Big ****ing Deal

your use of a colon is wrong here. A colon in correct sentence structure denotes a list, of which one element does not denote a list. The correct punctuation here would have been a semi-colon or dash (-), a continuance of the original idea. You also forgot the period at the end of the sentence.

I know, MINOR FLAWS. But add them up and they amount to a sloppy response that would have caused you to flunk my writing class.

 

[djohnson]

Spawn_X you don't know what you are talking about. My husband owns an excavating company and through the years we have had stuff come out from underneath of our dump trucks. We have NEVER been held liable or even asked for a maintanence record. Even though we do keep one. The truth is sometimes they get in tight or rough spots that can cause things to happen that you aren't aware of in a routine check. You don't check every hour. Twice when this has happened and caused damage to other vehicles. The driver of the other vehicle was ticketed for following to close. If these drivers would stay back like they are suppose to in would give them more response time to avoid the accident.

 

[spawn_x]

*It is interesting that the poster has not answered a single question we asked her.. makes me question this whole "accident"*
-and how do you know that the poster is a "she"?

Because the poster signed...

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

TIA."

Tia is a female's name Einstein, hence why i assumed its a female.

johnson, i KNOW what i am talking about. Did you even read my post? Especially the "it WILL NOT total your car/truck - at most its a couple inches thick. if you kept your distance then you would have more than enough time to avoid driving into it." where i mention "following too close"? How about "It is interesting that the poster has not answered a single question we asked her.. makes me question this whole "accident"."? Yeah.. ok.. good.

 

[djohnson]

You really don't have a clue do you?

TIA = thanks in advance

not a girls name.

Where a a part that is just a few inches may not total a vehicle in itself, it may cause a car to be totalled. It's called a chain effect.

 

[spawn_x]

my apologies, Tia is ALSO a female name (but i'm sure you wouldn't know that in Hicksville, Tennessee).

i am aware of the "chain effect" and that's why in one of my latest posts i said i question this whole situation because no chain effect was mentioned (swerving and hitting something else lets say).

 

[djohnson]

Tia could also be the name of your cat but I doubt it posted the question. The point is, which you try to get away from everytime, is that you don't know anything. You gave bad advice. You couldn't prove that they knew something was wrong. The OP (Original Poster) has no case.

 

[spawn_x]

And AGAIN, it was signed TIA, which lead me to believe it was a female posting it, hence why i referred to the poster as HER. Do you not have enough common sense to understand that....? Person signs with what is a female's name so I assumed its a female.

and i'm not about to argue a female hick about cars.