Who's Fault is it when... Damage Scenario to the G
 

Well yesterday we got around 5-6 inches of snow in the DC area and I was driving on the highway this morning behind a Land Cruiser - around 40-50 feet behind him so I left a lot of room. The guy had obviously didn't clean off his car and I really hate when people don't and just allow it all to fall off.

Well going on the highway at speeds of 65-70, his snow and ice started flying off his roof and they were almost like quarter size ice chunks that were flying off and hitting my car (It was hitting pretty hard considering the loud sound it was making). I quickly move over to the next lane and speed up and write down his plate. I possibly thought that whatever flew off his car could have damaged my hood.

Luckily enough I checked when I got into work and everything was okay with my hood but that got me to thinking:

A) Who's liable for the damage if something were to be damaged on my hood, me or him or both?

B) If I felt as though something was wrong, should I have tried to pull him over and inspect? Problem was it was a pretty crowded highway and that would have been tough.

C) If I waited until I got into work, how could I even prove that it was his car that caused the damage?

Sorry guys for being paranoid. Luckily the car is okay but maybe this will help someone for the future. Maybe a cop or even a lawyer can teach me some traffic laws!

not sure about where u are... but i know here in ontario it is illegal to drive a vehicle that has been properly cleaned off. i remember last december there was an old man pulled over by police having his car wiped down. only wish they were more consistent and went after the real dangers like ice on top of those damn tractor trailers. about 2-3 years ago our work van had its windshield smashed by ice falling off a tractor trailer travelling on the opposite side of the highway. worst part is the guy just kept driving. luckily no one got hurt. i think after-the-fact is too late... but how can u be sure that damage is incurring on your vehicle without harrassing the other driver by pulling him over? seems catch-22. best bet is to just call police and report the car and plate number. that way later damage can at least be linked and confirmed by the police report.

The scenario you describe is similar if someone kicks up a rock and chips your window. It would be impossible to hunt down the person who did that every time it happened and then prove it was them. If dump trucks aren't liable I can't see how this guy could be for not cleaning off his/ her vehicle.

Maybe someone else has some opinions on this? I mean if I visibly see stuff fall from the guy ahead of me and it hits my car its not anybody's fault?

This is quite a grey area as far as I can tell. Liability would be based on what is considered negligence. The real question might be whether or not a reasonable and prudent person would have cleaned off the ice. Perhaps it could go either way. Judges and juries may decide this differently simply as a matter of opinion.

As a side note, rocks that are kicked up off the road are much different than rocks that fall out of a dump truck. Any vehicle has a duty to secure their load properly. Liability in this type of loss is fairly clear, but proving it is another thing altogether. With rocks that are kicked up, I can't see how you would hold a person responsible for that. How can any reasonable person even see such a rock? Lastly, police reports will do little to prove liability. Essentialy it is hearsay evidence. You can pretty much go into a police station and report whatever you want. If the case had to go to court, and if you could even get the police report admitted as valid evidence, you would need validation by all the parties that gave statements in it, wrote it, and also have the opportunity to cross examine each related party. Chances are, at most, it would be allowed for use by parties to refer back to a statement they said to 'refresh' their memory. But all in all, it would hold little credibility or weight in that of itself. Especially if it was written completely by an officer who essentially summarized the conversation(which occurs in just about all reports where a party is interviewed by the officer). You can submit a signed written statement for the report, it holds some credibility to your account, but no more than your testimony might in court. Ultimately, you still need to prove the case with a preponderance of evidence.

Drive with a camera on at all times and you'll have a prepondrance - and some good stupid drivers footage for a video if you live around here!

Not politically correct... but it works. Years ago I had a guy kick up a rock and dent my hood and crack my windshield. He got off the exit never knowing what happened. I continued on the highway and then realized I what happened. I could never catch him to get it taken care of.

So, I went back on the LIE here in NY and found a truck missing a mud flap. Buy law they have to have them. I recorded his plate, time of day and exit we were at and called the company when I got home. I had a mega million $$$ company pay for the damage to my car.... They paid cash for the repairs because they knew insurance would go up for them... had they put a claim in. The payout was better for them in the long run. If you hate corporate America like I do... :) I say screw the big guys. And let the lil folk win a few here and there

Good thinking, thats something I would have done!

Great one, i like that. Now I have an idea on what to do if it happens to me.

As for the ice is concerned, just avoid those people at all costs. Speed up in front of them, like I do when i have trucks near me in bad weather, or slow down and give enough room where you can dodge whatever comes your way.
If the speed is too much for what the weather permits, slow down and let them go 50 yards in front.
Don't try pulling them over because they wont even be aware of what they did.
Just avoid them is what I do and recomend to all.