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Q

I was driving behind an 18 wheeler transport truck on the 81 in New York state when a sheet of ice flew off the truck and smashed my windshield. Is the truck and his insurance responsible for damages?


A

If you can prove negligence on part of the trucker then he may be responsible. To do this you would likely need an accident or incident report and be able to prove that the ice came from the truck and is what caused your windshield to break.

For example if you were behind a gravel truck and a rock hit your windshield and broke it you would need to prove that there was negligence. So if the truck was overloaded and the truck driver was negligent in not preventing the loss of gravel, the driver may be liable for your loss. On the other hand, if a rock flies up from the roadbed and causes damage to your car, that driver may not be held liable as there was no negligence on his/her part.

So for your incident you would need to show that the driver had knowledge of the ice and could have somehow removed it, then negligence may be able to be proven. To find out for certain what your rights are in this situation discuss it with your insurance agent and/or the New York State Department of Insurance.

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If you cannot make a claim with the 18 wheeler's insurance company then to get your windshield replaced you will need to place a claim with your own comprehensive coverage.


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