Do "Quarry" / "Material" Lorries Have a Duty of Care ?

Buckster

Buckster

Buckster

Soldato
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20 Aug 2006
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2nd time in 6 years I've had some damage to my car due to these type of vehicles

1st time - truck on motorway with some sort of gravel load - may have been larger than gravel - but had a "drain" for water at back (presumably as open top) - but the drained water contained lots of small stones .... I thought it was hailing (bright summers day) - I was being pinged by small stones from about 1/2 a mile away fromthis truck - when I finally realised what was happening - the damage was done - polkerdotted bonnet (black car - so any chip shows up)_ and a windscreen pettered with tiny dents/damage - wasn't too bad unless it hit the sun then looked like windscreen was covered in rain dots. I had to get the windscreen replaced in the end. Couldn't get near enough to get an ID on the lorry as didn't want to get further damage. Bonnet was forver polker-dotted - and annoyed me as I'd only had the car (admittadly 2nd hand) - about a month. The stone chips are still there - but its a dual-tone black (Pirates Black) - so touching up doesn't help.

2nd time - last week - was following (not close) a local (I know the company this time but won't say on here) "materials" hauler - seemed to be carrying something heavier than sand - maybe some light gravel. Was open at the top - although did have a cover that could pull across - but it wasn't pulled across !! All was fine until he went over a bump - and although I couldn't see anything come off the back of the lorry I did hear what sounded again like hail hitting the windscreen etc - and sure enough my windscreen has lots of tiny stone chips .. grrr - not bad enough to need replacing this time - but very annoying none the less when its not your fault.

Problem is you have no proof so you can't really take it further with these companies -b ut its very annoying. Anyone else had this ?

How would they feel if it was the other way round ??! - with the latter I feel like reporting the company to the police (should they have the covers installed? laziness) - but I probably won't as it won't be of any use - and will just waste my time.

cheers, Buckster
 
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I would imgaine so, IIRC they have to inspect their vehicles before leaving the yard.

I would contact the company and see what they say.
 
If the load on the truck is liable to be blown out and / or fall out, the driver should use netting or sheets to prevent this from happening.

As much as I feel for your situation, good luck proving anything....

Keep back, right back, from any kind of tipper / construction orientated truck.
 
thanks - I agree - nothing I can do - just very annoying

the recent one I was nearer than I should have been (still very safe distance - but like you said keep well away from these types of trucks) - but 1st instance - I was genuinely not even in sight of the lorry - I was getting hit by the "stones" - as they bounced off the road etc ....

I still have them as proof in my radiator lol !!
 
1st time - Should have been sheeted and sounds like his rear door wasn't sealed properly.

2nd time - Again should have been sheeted.

If you got a REG number you could contact the company involved.
 
I know farmers are supposed to clear up any mud they drop, I'd imagine the Highways Agency or whatnot would state they should secure their load.
 
There's a few corners near where I live that I have mentally noted down to take it easy when on the bike. There must be some sort of aggregrates storage thing nearby, as the roads around there always have some spillage and whilst it's not a huge drama when in the car, it can be nightmarish and potentially deadly on two wheels.
 
They should be sheeted. And also, before leaving site they are meant to wash off their wheels as well.

We had a funny incident this week. Our contractor who is huilding our new site went with the tipper to the quarry for another load of stone, washed off and sheeted before leaving site.

Going up the dual carriageway he had a discovery pull along side him beeped his horn and gesturing.

He pulled over thinking something was wrong. Turns out the driver was mad as "a stone had flown up from the wheel and cracked his windscreen". Contractor said he wasn't responsible for a stone on the dual carriageway been flung up from his wheels.

He then went on with his business. On the 2nd load when he got to the quarry the discovery was parked there. Guy never said anything but then followed him all the way back to site.

Back at site, they guy gets out of his car and goes talk to the roadsweeper who is keeping the road clean outside of site. This is a different company and contractor but he has his name and phone number on the side. He then comes over to site to talk to the site manager and accuses him of everybody been in a conspiracy and who is going to pay for windscreen?

Goes away eventually and next the police turn up - seriously? the police came out to site after a motorist reports a stone hitting his windscreen from the road?

Police didn;t have much to say and that was that.

But it makes me wonder, are you actaully responsible if a stone flies up from your wheels and hits another motorists car? And how the hell do you prove it?
 
Greebo said:
But it makes me wonder, are you actaully responsible if a stone flies up from your wheels and hits another motorists car? And how the hell do you prove it?
Click to expand...

You - as the truck driver - are responsible, but as I said previously, proving it it, from a damaged car drivers point of view, is a whole different matter.
 
My apologies....

It would appear, from my above "posts" , that my "mate" did the OC/UK equivalent of Facehacking me and posted that....

I've only just noticed it..... :o It made me laugh, so I've left it up. :D

/Makes mental note to log out of OC/UK in future & clear cookies when "friends" are about. :o
 
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