When trucks hauling material on California highways cause a broken windshield, understanding whether you can seek compensation can be a complicated issue. During a free consultation with a knowledgeable California truck accident lawyer at Ernst Law Group, you can ask questions and get the necessary answers.
Are dump trucks liable for broken windshields in California? Yes, in most cases, although you may struggle to get an insurance company to take responsibility. Keep reading to learn more about your legal options and how to file your claim.
Is a dump truck responsible for broken windshields?
In California, dump trucks must carry certain signs if they carry hazardous materials, but truck companies often add signs that warn other drivers to keep a reasonable distance from the truck. If a rock or other items smashes into your windshield from that truck, you’re likely to think you are to blame if you weren’t far enough away. However, the “Keep Back 100 Feet” sign carries no legal weight.
Those signs encourage you to keep your distance and discourage you from filing a claim or lawsuit if a dump truck rock hits your windshield. Some companies may claim they aren’t at fault if the rock or other debris hits the road before striking your vehicle. Your truck accident attorney can investigate to determine whether the debris actually contacted anything before hitting your windshield by conducting a thorough case review.
Dump truck drivers, trucking companies, and loading personnel are responsible for minimizing the risk to other motorists by correctly loading and securing anything that goes in the dump truck. In California, if something fell off a dump truck and cracked your windshield, the company and driver can be held liable.
A dump truck broke my windshield – what should I do?
Under California Vehicle Code Section 26710, it is illegal to drive a car or truck if the windshield is cracked badly enough to impair your ability to see through it. Generally, if the crack is over three inches or it obstructs the driver’s view, you must repair it before driving the vehicle. If you keep driving, law enforcement might pull you over and receive a traffic citation.
Follow these recommendations if a dump truck broke your windshield:
- Note the name and phone number of the dump truck company on the back of the truck.
- If you have a dashcam, save the footage right before the debris hits your windshield.
- Pull over to a safe place as soon as possible.
- Take photos of the damage, noting the date, time, and location.
- If witnesses are available, ask them for their contact information.
- Call the trucking company and report the incident, including any identifying numbers on the truck.
- Ask the dump truck company for their insurance company details.
- Contact your insurance company to file a claim on your collision coverage.
- Set up a free consultation with a truck accident lawyer to discuss how to proceed.
Depending on the damage, you might be able to call a quick-service windshield replacement company, or you may need to call a tow truck if you can’t legally drive the car. Don’t try to take a photo or video of the truck by holding your cell phone since you could run afoul of California’s law against distracted driving.
How can I get a dump truck windshield replacement?
California requires drivers to carry liability insurance that pays for damage and injuires they cause in a crash. When dump trucks are responsible for broken windshields, you can file a claim against their liability insurance for payment. If you have collision or comprehensive coverage, you can also file a claim with your personal auto insurance, and they can seek repayment from the trucking company (called subrogation).
Even when working with your own insurance company, you may find it difficult to get the compensation you need to replace your windshield. In addition, you could have more expenses associated with a dump truck breaking your windshield than just the windshield replacement cost.
A skilled truck accident attorney can deal with the insurance provider on your behalf, negotiating for the full cost of your windshield repair, lost income, and other expenses. If the insurance provider won’t approve your claim or offers too little, you could file a truck accident lawsuit against the dump truck company to secure maximum compensation.
Let Ernst Law Group manage your case
The details of a truck accident claim are complicated, and you need to get your car repaired quickly. Instead of fighting with insurance companies, put your worries in the hands of an experienced and aggressive California truck accident lawyer from Ernst Law Group. We offer free consultations and help you strive for a satisfactory outcome.
To discuss your dump truck windshield case today, contact us online or by calling (805) 541-0300.
