Hayward, CA asked in Car Accidents for California

Q: rock stuck in a truck tire (i have picts of tire full of rocks) Breaks my windshield without touching the ground

the rock which were imbedded in his tire from somewhere else get knocked loose and is flung at my windshield aqt high speed. the rock came directly from the wheel and did not touch the ground. after i pulled the driver over i took pictures of his tire and it had a lot of rocks in it ....and the trucking owner says its road hazard and wont pay for my windshield. these rocks did not come from the road where the incident occured which was a freeway. they were transported by the tire and was dislodged and flung directly at my windshield .. like a softball player flings a ball...

isn't the trucking company liable for the windshield. these rocks were not road debris, they were stuck in the grooves of his tire. i took pictures

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Get your windshield repaired, submit it to your insurance company, they often cover windshield damage. If the balance you had to pay is worth it, sue the trucking company in small claims. I hope your photos showed that they did not have stone guard flaps behind the wheels to prevent this from occurring, because that is your best evidence.

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Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

did the police roll, take pix and make a report?

was there a flap to prevent this?

prepare a letter memorializing all the facts and attach it to a small claims filing.

putting it through your ins co does not make sense if the repair amount is minimal.

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