Welcome to Sign in | Join | Help
in
WOAI.com Homepage

Too Much Coffee

Look Out For Flying Rocks! Coming Off Of That Truck Ahead!

Tonight on News 4 at Ten we're running a follow-up story to my 2005 investigation into those big trucks that haul gravel, rocks and building materials around San Antonio and other cities.

At the time, it was one of the most common complaints into the Trouble Shooters:  angry drivers who'd had their windshields, hoods or fenders damaged by rocks and debris that bounced off those trucks as they sped down the highway.  People were fed up and wanted to know if they had any rights.

The first thing we discovered was that Texas has a truck tarping law, requiring trucks hauling rock or construction materials to cover their loads with a tarp while on the roadways.  These tarps cut down on the amount of debris that can bounce or blow out of the truck bed at high speeds.

But we also found that the tarp law prohibits trucks from having big gaps in the tail-gate area where rocks and debris can slip through and come bouncing back on the vehicles behind.

And finally, truck drivers are required to sweep the gravel and dust particles off of the outside surfaces of the truck bed after they pick up a load, so that it doesn't fly all over the place.

We also pointed out that those authoritative looking signs that truckers put on the back of their trucks ordering you to "keep back 200 feet, not responsible for damage to your vehicle", are a bunch of nonsense.  

They can't tell you how closely you can follow them, and that has no bearing on their liability.  If something flies off of their truck and damages your car, they are responsible.  Period.

Ah, but here's the tricky part.  Unless you have video of a rock coming off of their truck and smacking into your car, or a police officer witnessed it as it happened, you are going to have a hard time proving that the truck was to blame.  

Most trucking companies are going to tell you to "take a hike", if you ask them to pay for the damage.

A couple of trucking companies we contacted for our story told us they have paid for damage in the past, if the person complaining took the time to write down the truck number involved or its license plate, along with the exact location and time when the incident happened.

Some viewers have told us they had success collecting from trucking companies after filling out a police report about what happened.

There was also a change in the tarp law that went into effect right after our investigation ran.  The change makes it easier for police to issue tickets to uncovered trucks.  I'll have more details on that in tonight's story.

 

Published Thursday, January 03, 2008 9:41 AM by Jaie Avila

Comments

 

Stephanie Becker said:

I sent a letter to WOAI last year regarding an incident in which my windshield was struck by a rock flying off of a trailer on 1604. I followed the truck, wrote down the exact time, license plate, truck # and location and called the company at the very next stop light. The manager (who I finally spoke to after numerous calls & messages) told me that he absolutely WOULD NOT pay for or accept responsibility for the damage. I was more upset by the rudeness and lack of professionalism by ROTO-ROOTER than the actual incident. I called the non-emergency police #, but was told there was nothing I could do. A year and a half later, my windshield is still broken. Lesson learned - - you're on your own and don't trust ROTO-ROOTER for business or service, no matter what. A normal following distance isn't enough, either. STAY BACK if you see uncovered trucks and trailers.
January 4, 2008 12:02 PM
 

Mary Ann Martin said:

I am so happy that this law was passed.  Two years ago my windshield was broken because of a rock shattering the windshield.  I got the name of the company and called them and they just gave me the run around.  Whomever passed this bill, thank you.
January 4, 2008 12:17 PM
 

Denise said:

Even if you keep far away from these trucks, debris bounces.  I am go glad about the new tarp laws. Before, drivers were totally at the mercy of the offending company. It's about time law makers start showing some backbone and do something to defend citizens and not just their high rolling buddies.
January 4, 2008 12:59 PM
 

Don said:

The signs on the back of the trucks and trailers are insulting. The  warn that you must stay back 300 ft because they are not responsible for the damage they cause.  Who has 300 ft in traffic and what makes them think that they aren't responsible for damage they cause?
January 4, 2008 1:06 PM
 

KATIE said:

Stay away from the trucks!  They should be tarped but how often is it that someone is following too close and stuff hits their windshields?  Companies should not have to pay for people that don't know proper following distances.
January 4, 2008 1:12 PM
 

Get Over It_2008 said:

Most gravel haulers get paid per load.  Not hourly.  They of course are going to take shortcuts because time is money.  They got kids to feed and aren't worried about your little dings and cracks.  Go tarp your windshield if you don't like it.  
January 4, 2008 1:35 PM
 

Melissa said:

Talk to their insurance. Just like we are responsible if a thief breaks into our house and hurts himself while doing it, the truckers are responsible for their possesions. I work in insurance she see these claims all the time. Also, if they are driving like crap, call the number on the sticker that usually says to report bad driving call...etc...Their premiums will go up which they love..but trust me..they will pay.
January 4, 2008 1:59 PM
 

Ozzie said:

I have noticed that many trucks now carry a rear sign saying "not responsible for broken windshield..stay back 200 feet"  I know the law requires that you follow within a safe distance.  I have news for truck drivers, if you are spilling dubri and stuff you are carring and you do not have a tarp on your truck, you are paying for windshield damages.  A small business contractor paid $177.00 for my Mazda 3 Windshield after I flagged down a police officer who issued a citation to the truck driver for not having a tarp on.
January 4, 2008 2:20 PM
 

Brandon said:

Just because someone or a sign says "Not responsible for damage(s)" does that mean they are indeed not going to be held responsible for damage(s).  I think I am going to get a sign that says' "not responible for my actions" and see if I too can get away with what some of these companies get away with.
January 4, 2008 2:51 PM
 

WP said:

Boy, most of you sound like those *** tailgaters. If they have posted that they are not responsible for the damages, are tarped properly and you still end up getting hit by something, your screwed. Deal with it.
January 4, 2008 3:19 PM
 

Johnny said:

There appears to be some misconceptions and misinformation regarding this topic.  As the insurance worker properly indicated above, damage done to your vehicle by the negligence of another driver, including truckers, can and should result in the property damage liability falling on the trucking company and/or third party.  The "signs" on the back of the trucks are merely meant to deter claimants from coming forward to make a claim on the driver's policy, and obviously have some effect on people doing so.  If your vehicle is damaged by such in incident, I would suggest that you obtain all information regarding the responsible truck, such as license plate, truck number, location etc...and make a claim on that companies insurance.  The bigger problem appears to be from the mass amount of trucking companies with fleets on the roads that apparently don't care about safety standards nor proper safety precautions.  It's going to get worse when trucks start pouring in from Mexico as part of NAFTA, which fleets are in much worse condition than the ones here in the U.S.  The government is not equipped to regulate the trucks already here, so any assertion that those trucks will be mandated for safety is laughable.  This country should invest more in rail systems to transport materials, such as other large developed countries.  The infrastructure and roads here, combined with too many autos makes for a sometimes fatal mix, which is a much more serious problem than a cracked window.            
January 4, 2008 4:06 PM
 

BA said:

most of these people are idiots, they are the ones who ride right behind the trucks.the same people who honk at these trucks because they don't go fast right away, stop in the middle of the intersection and expect not to get hit by a WIDE TURNING truck.....come on people use some common sense, if you happen to be behind one of these trucks you can either pass it, slow down and put some distance between you and the truck, or take a chance and get hit by debris.
January 4, 2008 4:33 PM
 

skip said:

It;s true, if you recieve damage to your windshield first thing
1. copy the tag and make a police report and get a copy.
2. carry this to the trucking company with an estimate of the damage .

you wil get results.
January 4, 2008 4:34 PM
 

skip said:

It;s true, if you recieve damage to your windshield first thing
1. copy the tag and make a police report and get a copy.
2. carry this to the trucking company with an estimate of the damage .

you wil get results.
January 4, 2008 4:34 PM
 

Reese said:

Lets see, I normally follow said trucks some 50-70 feet back (well further than sugessted by drivers training and the NTSB) and STILL get hit by bouncing rocks.  As for those 'Not Responsable' signs.  I believe that every vehicle carrying one should be given a ticket for false statements then required to remove them before moving anothre inch, as they ARE responsable for their loads.  Some of those bounching rocks I have dodged are ovre a foot in diameter (I stopped and measured a few.)  Being ROCK they WILL bounce.  Its called Physics.  By law you are responsable for all your actions.
January 4, 2008 4:47 PM
 

Henry said:

To WP & BA, looks like you showed who the real **** idiots are, with your tirades.  If you’re traveling down 1604 and lanes are full and even keeping a respectable distance there is nothing you can do when the rocks come flying down.

This happened to me.  It broke my windshield and took out a fog light. I served onto the shoulder as much as possible, but the rocks as big as softballs were coming down.  I wrote down the license and the name of the trucking firm.  The truck twice tried to run me off the road when I would try to get next to him to get the name off the door.

I called the police and they ran the tag, guess what....it was a phony tag.  The police's response? “You will have to investigate further on your own, good luck!”

So Skip, you will not always get results.



January 4, 2008 4:48 PM
 

WP said:

Henry, its usually called a brake.  If you were a "respectable distance" and actually maintained your vehicle so that the brakes are good, you would avoid hitting the debris. The problem is that people such as yourself dont leave yourself an out. Thats when you get screwed.

Oh and since the tags came up as phony and the driver tried to run you off the road would indicate that the trucking company and driver were illegal. Did you think about that? Good luck trying to fight that one.
January 4, 2008 5:17 PM
 

Henry said:

WP, you live in a fantasy world and are a Master of the Obvious concerning it being an illegal truck.  I'm blinded by it!!!

I bet you are one of the illegal truckers, or are related to one, the way you talk.

My point is that your absolute statements blaming the driver who is following is at fault is ludicrous.  Get real.
January 4, 2008 5:26 PM
 

james said:

hello you do not have to be on the trucks a** to get hit by their debris...if i see a truck in a lane I always move over to another lane and try to pass them up because I dont want to get hit by rocks, but even though I do that I do still get hit...thats not the bad part though whats worse than rocks is their damn tires when they peel off or whatever it is that happens -- thats what really dangerous because I have gotten 2 flats on the highway because they have been in the middle of the lane and due to traffic I could not avoid it...thats what sucks!!  i wish that the cops would be harder on truckers because alot of them out there drive like crap and dont care about the others on the road....they should have a 3 strikes your out law with them...3 tickets you lose your license, or if they cause accidents, whatever they get 3 chances to do their job right and if they cant they shouldnt be allowed to do that job....end of story -- their stupidity and rush to do the job puts too many peoples lives at risk.
January 4, 2008 5:44 PM
 

Estella said:

It just seems that too many loop holes protect the guilty parties, like uninsured drivers. I have had to pay for incidents like this out of my own pocket. Luckily, the guy that fixed my window was a friend so I got a discount. Unisured drivers are the same, I was out of my deductable, acquired a car payment and so on because the driver was uninsured and the owner of the vehicle was on a fixed income therefore my insurance could not go after them---not cool.
January 4, 2008 6:03 PM
 

roger said:

Recommendation:  
City should pass an ordinance mandating that trucks (semi's) do not travel in the left while in the city limits.

This will serve two functions:
1)  This would allow traffic to flow more freely in the left lane.  
2)  Cars can safely pass the truck in the left lanes to avoid debris.  

While I do not tail-gate, I have been struck by debris from trucks that have cracked/chipped my windshield.  I have recovered windshield replacement costs on two occasions.
My process is simple:
I carry a disposable camera in my truck to photograph the truck, identifying markings, license plates, tires, lights while braking and turning and the driver.  Yes the driver.    I take all 15 photos.  I then send in the photos to the trucking company, SAPD and my insurance company.

In one case the driver was an undocumented worker and the company thought it was in their best interest to replace my windshield.

One day will come when debris from a truck will hit a vehicle causing an accident which in turn may cause the death of the driver and their passengers - maybe even infant passengers.  Sadly, only then will this issue receive the attention it deserves.

Drive safely





January 4, 2008 6:33 PM
 

RSO said:

Well stated Roger.  And I applaud anyone with solutions.

Motorists would like to simply get past haulers to avoid such bouncing debris.  However, trucks congesting the left lanes makes it near impossible.  The left lane is for passing.  I second the motion to add such an ordiance.  

WP - what does maintaining your vehicle have to do with trucks dropping debris and damaging others' property?  Stay on the issue and accept responsibility.
January 4, 2008 7:35 PM
 

Wes said:

It is not just the trucks that dont have the load propperly tarped, but its also the dumptrucks overloaded with gravel that comes spilling out of the dump gate as they drive.  several rocks go bouncing down the highway, regardless of a tarp being present.
January 5, 2008 12:37 AM
 

Willie Gonzales said:

It seems as, if these truck drivers own the road and they speed along as, if they are the only vehicles on the road. I have seen trash fly off these trucks and they keep going not caring about any broken windshield. People that drive for companies drive the vehicles the same way as they drive their own: Careless!
January 6, 2008 9:57 AM
 

Paul Flores said:

It seems that the tarp law still isn't enough. I went ahead bought and installed a video camera in my car and it has come in real handy. I had rocks brake my windshield and when i reported it the the driver's company, I was told there's nothing they can do. My insurance company took care of me and now they're taking that a**hole's company to court with video to get there money from them.
January 7, 2008 4:10 PM
 

Alan said:

Couple things:

This has happened to me on more than one occasion.  The SAPD was EXTREMELY responsive to the incident when I called them...even meeting me at a location off the highway to check the car.  It helped that I had the license plate number off the trailer that was spewing rock down the road.  

As for the contractors and haulers...it's often not the tarping that results in the gravel spewing...it's the residue rock on the fenders and back of the tractor that causes the most damage.  

The trucking companies are liable for damages when you call them in...but you have to ensure you now who, what and where the incident happened.  That's only fair - they have to run their businesses...and without the details on the incidents there's no way for them to verify real vs bogus claims.
January 8, 2008 6:35 AM
 

debra chapa said:

I was going  down 281 and about to hit 410 east and a big rock hit my windshield and it was so big that it made two different marks close together. I went to alamo body and paint and was told it would cost at least 200.00 to fix and it has spread to where I will need to fix it soon. My insurance will not cover it since it is less then my deductable so I am stuck dishing out 200.00 that I do not  have to fix something that I did not do and it is not right. I wish insurance companies would give that to you since it costs alot of money just to have insurance that is required by law.
January 9, 2008 12:24 AM
 

Diane said:

One thing that most are forgetting is the condition of the tarps on these trucks.  I used to be a driver, drover to and from Boerne 4 times a day.  Yeah, these truckers had "tarps" but they were ragged and torn.  Debris and rocks would fly out of their trucks.  Also there was the crap on the tires.  When a semi is barreling down the highway at 80 mph you really think those huge globs of dried up mud and pebbles are going to stay?  No.  I would dodge this stuff on a daily basis.  Most trucking companies don't care.  The best thing to do, pass these trucks up as soon as you can, you get behind someone else, so they take the brunt of the stuff flying.  I know it sounds bad, but it works.  BTW, if you see the truck with the "tarped" onions which are all over the highway..... "Sorry, I don't know what you're talking about, I sold that truck a couple of months ago."
January 9, 2008 4:37 PM
 

Christine Laremont said:

I guess that the comment written by 'get over it' says it all. 10-to-1 he is one of the truckers who drives with his load untarped. I'm sure he's not concerned about feeding his kids but loss of beer money. But it doesn't stop with the load in the bed of the truck. What about the trucks dropping mud and stones off of their tires or the underside of their truck.
January 11, 2008 2:44 PM
 

yvonne said:

I don't understand why ..hard working people who pay taxes and god knows everything else...just have to deal with it...we have to make a stand and show ..hey
"you have a license to operate...etc....then you have responsiblities to the people
who pay for your salaries.....circle of life...." we are all in the service of people.

January 13, 2008 12:45 PM
 

Jocelynn said:

The Texas HWY Dept does not have insurance!  A year and a half ago, a Texas HWY Dept employee was driving a state pickup truck and ran off the edge of the road & threw rocks into my windshield.  My windshield was busted in several places.  I wrote down the vehicle's ID numbers & license plate.  I was able to flag down the driver at the next town & he knew he had thrown the rocks up & was very apologetic.  He gave me his business card & told me to contact the state & they would fix my windshield.  I called the state number on his card & they asked me to submit a statement in writing, which I did.  Three months later, I received a letter from the state denying the claim.  The state is "self insured", so there is no recourse other than filing a lawsuit if you have a claim against them.  It will cost over $600 to replace my windshield which has now cracked all the way across.  I don't have the money to fix it, so I'm stuck!
January 15, 2008 3:52 PM
 

mark said:

my window was damaged by a stud pick-up ;thats a pickup with the big wheels that sling rocks on the expressway,whom do i complain
January 16, 2008 4:39 PM
 

JC said:

Me and my husband were on Hwy. 90 & 151 going west bound, when a large rock w/dirt hit my windshield. We clearly saw where the rock came from and immediately had the driver pulled over. At first the driver denied it, until my husband took him to the back of his truck and showed him the gravel stuck on his truck and told him what had happend. At this time I was calling the police, but then I canceld the call because we were in a bad spot. I wrote the plates down along w/ the company's name (just so happend to be privetly owned), then he gave me all his information (insurance & driver license info.) that I needed.
Even after all that my claim was denied, because he later denied causing a crack on my windshield to the insurance agency.
The most important lesson I learned, no matter how small or big the accident is CALL THE POLICE AND HAVE THEM COME OUT TO THE SCENE, because w/out a report it's worthless.
January 17, 2008 3:01 PM
 

Greg said:

Jaie,

I for one would like to know what other states have done to resolve the problem of arrogent,careless, rock throwing truck drivers and trucking companies.  If you could provide our options concerning this problem I feel the Legislature would pass a law if it would effectively and efficiently resolve this problem

Calling a policeman to come to file a complaint for broken windshield seems rather inefficient.  As does paying $200.00 for a new windshield that was broken due to no fault of the owner is not fair.
May 26, 2009 4:58 PM
 

Greg said:

Jaie,

I for one would like to know what other states have done to resolve the problem of arrogent,careless, rock throwing truck drivers and trucking companies.  If you could provide our options concerning this problem I feel the Legislature would pass a law if it would effectively and efficiently resolve this problem

Calling a policeman to come to file a complaint for broken windshield seems rather inefficient.  As does paying $200.00 for a new windshield that was broken due to no fault of the owner is not fair.
May 26, 2009 4:58 PM
 

Greg said:

Jaie,

I for one would like to know what other states have done to resolve the problem of arrogent,careless, rock throwing truck drivers and trucking companies.  If you could provide our options concerning this problem I feel the Legislature would pass a law if it would effectively and efficiently resolve this problem

Calling a policeman to come to file a complaint for broken windshield seems rather inefficient.  As does paying $200.00 for a new windshield that was broken due to no fault of the owner is not fair.
May 26, 2009 4:59 PM
Anonymous comments are disabled

This Blog

Post Calendar

<January 2008>
SuMoTuWeThFrSa
303112345
6789101112
13141516171819
20212223242526
272829303112
3456789

Syndication

Inergize Digital Media This site powered by Inergize Digital Media. The views expressed here do not necessarily reflect the views of this station.