"SteveLehto" (stevelehto)
07/27/2017 at 08:00 • Filed to: None
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"SteveLehto" (stevelehto)
07/27/2017 at 08:00 • Filed to: None | 4
| 11 |
We’ve all seen the signs on the backs of the trucks. STAY BACK! Not Responsible for Broken Windshields! Most people suspect the signs are nonsense - but I explain how we know they are. And some other related topics.
Ever had your windshield broken by a rock from a dump truck? I think I’ve gone through six or seven. But in my cases, they were all taken care of by insurance. But what if there was no insurance coverage?
Yes, you could go after the truck owner and - theoretically - win. But you’d have to prove your case. And that is where it gets tricky.
And the obvious parallel is those stupid signs at the parking garage saying they’re not responsible for the bad things that happen to your car while it is in their custody.
But all of this got me thinking - Why can’t people who get hit by batted balls (or broken bats) sue the team owners? Isn’t it the same thing? Yes it is, but legally - no it’s not. It’s weird, but I explain it all in this week’s podcast.
The audio:
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And the video:
Pic at the top is the garages at the Atlanta Motor Speedway. Just a random shot I found on my cellphone.
Follow me on Twitter: !!!error: Indecipherable SUB-paragraph formatting!!!
Hear my podcast on iTunes: !!!error: Indecipherable SUB-paragraph formatting!!!
Steve Lehto has been practicing law for 25 years, almost exclusively in consumer protection and !!!error: Indecipherable SUB-paragraph formatting!!! He wrote !!!error: Indecipherable SUB-paragraph formatting!!! and !!!error: Indecipherable SUB-paragraph formatting!!!
This website may supply general information about the law but it is for informational purposes only. This does not create an attorney-client relationship and is not meant to constitute legal advice, so the good news is we’re not billing you by the hour for reading this. The bad news is that you shouldn’t act upon any of the information without consulting a qualified professional attorney who will, probably, bill you by the hour.
random001
> SteveLehto
07/27/2017 at 08:25 |
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Laws and shit be confusing, yo.
Demon-Xanth knows how to operate a street.
> SteveLehto
07/27/2017 at 08:51 |
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I think Jack Nicholson has the same sign on the back of his car.
notsomethingstructural
> Demon-Xanth knows how to operate a street.
07/27/2017 at 09:23 |
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Tiger Woods, which works in more ways than one
ttyymmnn
> SteveLehto
07/27/2017 at 09:37 |
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jimz
> ttyymmnn
07/27/2017 at 11:01 |
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jimz
> SteveLehto
07/27/2017 at 11:29 |
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silly question- what about emergency vehicles (sp. ambulances and fire trucks) which have “keep back ( x ) feet” signs on them? different purpose?
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SteveLehto
> jimz
07/27/2017 at 13:15 |
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Yes. And government vehicles and emergency vehicles will be given a LOT of leeway.
Wil Haginen
> SteveLehto
07/27/2017 at 13:21 |
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I’ve always been curious about this law. I’ve seen gravel haulers with a similar sign (“Keep back 100 feet, not responsible for broken windshields!”, etc)., but it stands to reason that if I were driving a normal car and something flew off my car and damaged someone else’s car, I’d be responsible.
But what about something that wasn’t actually a part of my vehicle?
Actual event which happened about 3 years ago: There was a large metal debris on the road. Looked like a plumbing part. As we were traveling, the SUV that was to my front and left lane inadvertantly knocked it onto my lane, wherein I ran over it and had to get my car repaired.
I wasn’t particularly interested in going after the SUV driver for damages, since it was very clearly not intentional on his part, the debris was not from his vehicle, and I was more concerned with pulling over safely rather than pursuing him. But suppose I had a dashcam that clearly captured the event and could show that the SUV knocked the debris into my lane? What would the law say?
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SteveLehto
> Wil Haginen
07/27/2017 at 15:56 |
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You’d probably have to show that the SUV driver was somehow negligent in letting it happen. And he’d argue the same thing you would: It was in the road and he couldn’t avoid it.
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jimz
> SteveLehto
07/28/2017 at 13:38 |
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and as if on cue, this morning on I-94 I was being peppered by gravel from a truck.
no sign/sticker, though.
His Stigness
> SteveLehto
08/27/2018 at 16:27 |
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Re 5:47 in.
I was driving along to work in the number one lane when the dumbass in front of my starting driving in the center divider to let a motorcyclist pass. I discovered some small damage about a day later. I filed a counter report with CHP and got the address. I sent them a letter asking for their insurance information. I got a response back from some criminal law attorney that argued with me and threatened me. I quoted the CA VC that states you must exchange insurance information in the event of an incident. He refused. So I went another legal way and got it, filed a claim. They denied it. So I went to small claims court. I had it all video. I lost, and I'm 99% sure I lost because I couldn't prove the damage wasn't there before. I was pissed, but I know I pissed off the driver more, and maybe they took it as a lesson to learn to drive properly.