"If someone dumps a couch on the highway in front of your bus, and that driver who hits a couch dumped on the freeway at night could he be held liable for not stopping in time?"
BCO
I once hit a piece of 4 by 4 that a truck dropped on the highway, bent two rims. I was told I was responsible because I was following too close. Which I was doing, try doing anything else on the 401 in rush hour in Toronto. So I would say yes, the following driver has a degree of responsibility for not being able to avoid the couch.
Brian
You are responsible to some extent since you have to expect the unexpected when driving. The situation is much worse if someone is sitting on the couch.
Not enough information. What color was the couch? Did it still have the cushions or did they fall off previously? Was the couch new or used?
Was it pictured in craigslist in the Free section just a week ago!.....Never saw it!... ::)
That is a good question Don in 2000 driving through OKC a 6x6 fell off a truck and I ran over the 6x6 causing me to break off a DD3 and knocking a hole in the oil pan on the 740.
I had the plate number and the name from the trucking co so I called OKC police as oil was everywhere they sent a crew to out to do the clean up all total 2 people were there for a hour.
Jefferson charged me almost 3 grand for repairs about 2 months later I get a bill from OKC for $5800.00 and a letter telling me I was the responsible party my insurance carrier ended up paying the bill I would have never paid it.
I paid Denny's 300 bucks for some outfit they called to power wash a area in their parking lot which I didn't mind doing as I pulled into their lot to get off the road to a safe area.It reminds me of these stations you pay for the fuel and pump it yourself but if their equipment malfunctions and spills fuel they want you to wash their nasty @$# driveway all BS IMO
So sad.
In 1980 I was driving behind a delivery truck (NC Caterpillar) in Tukwilla WA. a track roller (D-8) being delivered to the airport (not tied down) rolled off and I hit it at about 40 mph. In a Toyota, it took out everything.
NC paid for everything. Including a rental car for months waiting on parts for the car which was a new model year.
including the floor pan, oil pan and pump front end steering.
Joe couch probably has empty pockets.
Locally if you hit a pot hole even if it is hidden by accumulated water, you are responsible for any damage incurred to your vehicle. You may also be charged demerit points on your drivers license. Road debris is very similar. If you hit something that is falling off a vehicle and is in flight or motion, that is a different story.
I would guess that the state, for the sake of simplicity will hold the driver/victim responsible to begin with. However, the true financial responsibility would be determined by civil law. Hence, it would be very possible that whoever dropped whatever would be held at fault.
If they had done it on purpose, of course, that would be a criminal matter-- probably a felony since the action could cause serious injury or death. If it was done accidentally, it would be a little more ambiguous and may depend on the extent of the damage actually caused.
In our neck of the woods..... the driver of the vehicle that lost the couch would get a ticket for insecure load. ( if known)
If you pursued the insurance company they would pay ( of coarse we have government insurance and they pay the dampest things and not pay the obvious sometimes)
Note to krank City of Saskatoon pays all pot hole damage to cars as long as it is reported. ( we have a pothole hot line )
Comical..sorta
Another episode, 20 plus motorcycles following behind a 1Ton flat bed.... a 4x4x4 palatalized potato box fell off.
The contents was a whole sh*tpot full of 8 and 10 inch diameter galvanized 90 degree elbows, heat duct I guess.
No one was injured, but a lot twisty evasive dodging maneuvers were executed at highway speeds :-\
LOL who is held responsible for rocks on a highway when one flies up and breaks a windshield I been through this a 1000 times with my trucks people calling the office saying my trucks threw a rock and broke their windshield ? where did that rock originate from
If a rock is on the road and a truck hits it and it flips up into the air, that is one thing. It is a whole different deal if a rock falls of off a truck or if a truck has pulled off of a job site with a rock caught in between his duals and it comes out going down the road.
OSHA has a required stabilized entrance and exit to prevent that also to prevent mud from being tracked on to highways it's been in affect for over 20 years and steep penlites if not in place ? what is the difference of anything falling off a truck we always had to wash the under carriage on equipment that required a permit to move
If your talkin about your bus that hit the couch,Iwould say it was clearly a suicide, a blind man could see your bus comein down the freeway with all the lights you have, you probly have to sue the couches estate...
Quote from: Paso One on April 17, 2015, 09:54:39 AM
Note to krank City of Saskatoon pays all pot hole damage to cars as long as it is reported. ( we have a pothole hot line )
Can I send you our potholes? Oh ... wait ... we wouldn't have anything to drive on then. Nevermind
brian, I hope you didn't pay that ticket, that's ridiculous
My suggestion would be only to travel on highways that don't have coaches in the travel lane.
My little incident was not a couch, but just as bad . . . .
I had just entered the I-10 freeway near Palm Springs,CA in my Freightiner truck conversion. I was in the right hand lane going 55mph. The shoulder dropped-off and there were 2 or 3 lanes of traffic to my left.
All of a sudden a large black object 4' x 8' was flying through the air at windshield height. I could not get on the shoulder because of the drop-off and couldn't change lanes to the left because of traffic beside me. All I could do was slow down. The object hit me in the right-front bumper and fender.
Thank God, the Freightliner has a very heavy steel bumper and the fenders are very heavy fiberglass. The object was a pick-up truck bed liner!!! It hit and went under the truck and got stuck. We finally found a place to pull off and the wife and I managed to pull it out from under the truck.
No damage other some black marks on the fender!! My wife said I "kept real cool" in keeping the truck under control.
Never did see the vehicle that lost the bed liner.
GaryD
Don as Jon said 'not enough info', were people setting on said couch? If so did a TV fall off said vehicle too? If so were people on couch watching the TV?
Did you purposely hit said couch on said HWY because you didn't like the program they were watching,,,,,, yeah much more info needed.
P.S. Why are you throwing perfectly good couches onto the highway in front of buses?
Uh .... "Yes, no, no, Yes, no, and I do not understand?"
For the most part, Y'all (Okie talk) did real well with one notable exception. A few have assumed that it was "I who hit the couch" and that is incorrect. According to the data I have, "if you hit it, then you are responsible."
Had a plumber drop a ladder in front of me in Amarillo Texas one time, and I did take that out, but have never hit a couch, occupied or not.
BCO
Quote from: luvrbus on April 17, 2015, 10:12:46 AM
LOL who is held responsible for rocks on a highway when one flies up and breaks a windshield I been through this a 1000 times with my trucks people calling the office saying my trucks threw a rock and broke their windshield ? where did that rock originate from
I have been behind plenty of construction vehicles on the highway where my vehicle was being hit with sand/dirt/rocks. As soon as I switched lanes the debris quit hitting my vehicle so it was coming off the construction vehicle.
A few months ago I was driving (pass. car) on I-485, an Interstate ring road around Charlotte NC. It is partially near town and partially pretty rural. When you leave the urban areas and go further from town, the overhead road lights suddenly end. I had just driven into the dark when I saw something dark in the road ahead -- I jerked the steering wheel and missed ... a box spring for a bed/mattress in the road. (I very much DON'T want to run over someone who's wrecked a motorcycle and is lying in the road). I pulled over at the next exit and called the Highway Patrol. That thing was big enough and hard enough to really cause damage and even cause a wreck that could extend to a chain-reaction. The lady on the phone didn't seem particularly interested. Well, I tried.