if some one fishtail off the road way onto the shoulder of the road and grass and cause rocks to fly up and hit my car is he at fault.

If some one fishtail off the road way onto the shoulder of the road and grass and cause rocks to fly up and hit my car is he at fault.

I was driving on the highway when a dirt truck was driving to fast going into curve and his backend fishtail on the shoulder and grass and cause several rock to fly up and crack my windshield and car roof and door pillar and a paint chip off my side door panel.


Answer:

Hello,

This is a rather complicated issue and a highly disputed one. In short, if damage is caused by a road hazard (a tire spins dirt and rocks and crack a windshield), then the person who owns the vehicle that spun the wheels is NOT liable. The theory is that all drivers assume certain risk when on the road, and this is one of them.

However, if the driver was negligent pass this point (not a tire spinning but actual negligence), then that driver will be liable. The dispute will be proving extra negligence on that driver (a police report, or a recorded statement, witness, etc.).

for more information, please see: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html


Good Luck
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