Liability issue regarding accident

[twobit]

I was driving down a road parallel to some construction work that was going on. Couple of the workers on the side of the road were putting down some erosion control fencing. When a gust of wind came and blew it out of there hands and into my truck as I was passing. This caused some nasty scratches on my bumper and a few along the side. Is the company responsible for fixing the damage to my truck? thx

[jethro_3]

As I understand it yes they are. I was working on a bridge pour, the concrete splattered ove the edge onto a Caddy, the contractor was obligated to pay. In your case since the workers were handling the material they do have a liability. Did you get any acknowlegement or proof of the accident???

[twobit]

I stopped and had the workers call a supervisor over there. The supervisor took down my name and said he was going to send it to the safety guy. As of today the safety guy had not called so I just called him and he said he does not have the report yet. He also stated that if they found they are at fault they would pay for it.

[RedHeartbeat]

Failure to secure their property and having it cause damage is no different than if one of their trucks rolled out into traffic because they forgot to set the emergency brake.

[mongoose90584]

It is also the same way if a rock falls from on top of there truck as opposed to being kicked up from the road and shatters your windshield. If it comes off the truck it is there fault and they have to replace your windshield or repair it. Otherwise if it comes off the road it is considered a road hazzard and they do not have to pay for it.

[brent1976]

The same thing happened to a friend of mine. The construction guys were lifting a pipe with a backhoe, and the wind caught it, and it swung out into my buddys escalade knocking off the mirror. They paid for everything, which was like $2000 with paint, and the mirror.