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Posted By Ken Lucas Travelling to a client early yesterday morning, very icy after a hard frost in the area - large HGV sheeted over with tarpaulin. From about one hundred yards I noticed small amounts of ice dislodging and consequently, after further vehicle movement, falling into the road. There had been heavy rain over the weekend, so, did the risk assessment and stayed well back.
Up comes Mr Peugeot 407 - swift to overtake me and consequently drive 'head to tail' with the HGV. As suspected more ice dislodged and subsequently a piece the size and thickness of a paving slab came crashing down on his bonnet, bouncing off and only breaking up upon impact with the road.
Mr Peugeot 407 overtook the HGV to stop the driver and 'discuss' with him the issue. However he only just made the manoeuvre as the incident eventually disabled his vehicle. When I overtook the vehicles the damage was quite incredible - the dent in his bonnet was at least three inches deep and the full size of the ice block - with steam etc coming out of the grill.
I suppose he was lucky as the ice block could have gone through the windscreen with likely dreadful consequences for Mr Peugeot 407. However, question; how does your insurance stand with an incident like this?
Suppose all drivers should include 'icy/rain' risk assessment before commencing their journey though.
Regards
Ken
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Posted By Chris Packham I would have thought that the liability was with the truck driver. After all, it was debris from his vehicle that caused the damage. I see little difference between this and damage due to the truck shedding all or part of its load. Surely it is up to each of us to ensure that our vehicle can be driven in a safe condition.
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Posted By MarkJAWatkins Surely the 407 driver was far too close (possibly even on the verge of dangerous driving due to weather conditions) any decent investigator would look at that.
Regards, Mark
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Posted By Descarte Yeh this has happened quiet a few times before, do a search on the net and I found it happended to motorcyclists as well!
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Posted By Mark Talbot Fletcher.
Escape.
Reasonable?
I would expect it will end up somewhere like 80-20 against truck ... just glad to see that dynamic risk assessment still works :-)
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Posted By Mike Draper Why is everyone against the truck driver?
What difference if it is a stone from the road or a chunk of ice? The Peugeot driver appears to have been too close to the vehicle in front. The distance recommended in the Highway Code is there for a reason and it can be argued that it is there to take account not only of the distance required to stop a vehicle but also the distance to avoid stone damage.
Now if this were a waste transport and rubble had bounced out, then I would agree.
In my view it sounds more like 80-20 against the driver of the car, not the truck.
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Posted By Diane Thomason Just wanted to point out that you don't need to be driving too close to be at risk from this. Same thing nearly happened to me years ago on the M25. (At that time I was Ms Vauxhall Cavalier.) I was behind a lorry which did not appear to be shedding any ice, and I was NOT driving too close, m'lud! when a thick, paving-stone sized slab of ice flew off the top of the lorry into the air. Thought it was heading for my windscreen and braced myself for the inevitable horror. The ice smashed on the road in front of me, but it was a nasty moment. These projectiles don't necessarily "fall down", the ice flew up as if thrown.
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Posted By RobAnybody Happened to me & my Brother when I was driving his "Trike" up the A1 to a nice weekend away.
Thing was it was not ice but a large pine cone that fell off a lorry, bounced off the road, glanced off my bike helmet & hit my Brother squareley in the eye!
Thankfully he was wearing a pair of my polycarbonate wrap-around glasses at the time & although they were destroyed his only injury was to his trousers!
I wasn't close to the lorry when it happened & didn't see any other bits drop off. Needless to say once I made sure he was OK I gave the lorry a very wide berth.
Take care Guys 'n' Dolls
Rob
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Posted By Descarte shouldnt that be needle's to say
as in pine cone, pine needles...
Ah forget it
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Posted By The toecap The lorry has released an insecure load
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Posted By RobAnybody No, the passenger on the trike released an insecure load!!!
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Posted By Mike Draper Toecap
How can you say this is an unsecured load? What difference whether it was ice falling from the vehicle or a stone chucked up by the wheels?
It's not part of either the vehicle or its load.
And how would you clear the ice anyway? Scaffold out the vehicle before use to inspect the top?
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Posted By Brett Day
"Only a fool breaks the two second rule"
Mr 407 sounds like he was too close so would get a hit for that, and the lorry driver, would also get a knock on the basis of unsecured load (I know it's not a load, but we are talking about insurers here).
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Posted By Saracen11 Hi Ken, I ran this one past a mate who's in the Traffic Bobbies... he recons the lorry diver is at fault for not ensuring the safety of the load and his vehicle. It’s immaterial if the falling object is a paving slab weighing 4kg that’s part of the load, or a block of ice weighing 4kg that’s ‘trespassing’, it’s still his responsibility. He added he’d not necessarily book the guy but give him a good talking to about the above… Mr 407 may have been driving too close but that’d be for the loss adjusters to decide and proportion (blame) responsibility.
Regards
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Posted By IT Hmmm,
Was the Ice part of the load or an enviromental issue,if the ICE is an enviromental condition what control of the enviroment did the Truck Driver have. As for the Traffic Bobby , I just ask my wife and her friends who are all Police officers (Including Essex traffic).
The Lorry is not carrying the ice on consignment and it could not be considered an unsafe/unsecure load ,unless the Government /owners are going to introduce heated lorry parking places (better withdraw that someone might think its a real idea),Given the description of the 407 it seems the Driver was not paying due care and attention ,to the conditions,but who knows it could be the Lorry driver should not have driven on the road to ensure no risk to other road users at all.
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Posted By Ken Lucas Thanks for all the responses guys and dolls.
I have sympathy with both sides and I guess as usual we will only find out who is 'liable' when someone is unfortunately seriously injured or worse, killed. That is of course if it hasn't happened on the UK roads already.
Maybe the lead should come from the Road Hauliers Association.
Regards Ken
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Posted By Telstar If it had been an Iceland deliver lorry, would that have made any difference.
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Posted By Rob Yuill http://news.bbc.co.uk/1/...england/kent/4588852.stmA driver has made an official complaint to police after he received a warning for driving with snow on his car roof, he was spoken to by the officer when he stopped to buy a paper. In a statement, Kent Police said its prime concern in dangerous weather conditions was for public safety. The driver said he was approached by the plain-clothes police officer, who showed him his warrant card and then "very aggressively" told him that the next time he took his vehicle onto a public road he should ensure that all the snow was cleared off it first. The force said all formal complaints were investigated thoroughly, but it would expect officers to point out a potential hazard. The statement explained that uncleared snow could obscure the windscreen or blow into the path of passers-by or other vehicles, which would be a significant hazard at speed. ___________________________________________________________________________________________________ So there you have it! If it snows and it gathers on your vehicle when travelling slowly, stop, clear the snow off then continue. Repeat as often as necessary. OK fine, so what about the risk to you the driver I hear you cry? Doh, review assessment!! p.s. It's almost as comical as when one of our drivers was fined £400 for an insecure load; a TOMATO that fell from a waste container - but it did land on the bonnet of a patrol car!! TRUE!! Rob
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Posted By Brett Day
Not sure about the complaint have sen quite a few cars out last time we had snow with half the screen cleared, and three inches of snow on top, obviously not cleared at all, and looking at the photo it doesn't look like snow that's acummulated during the drive (most would be blown off anyhow before settling) I usually carry a soft bristle broom in the boot to sweep the car clear if nothing else it makes deicing the screen easier and stops me getting cold hands !!
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Posted By Merv Newman Well yes, me to. I have a brush to clear all snow off my car before I set off. But a Truckie ? How can he safely clear snow/ice off the top of his trailer ? What is the incentive ?
You know it. I know it. The police know it. One just hopes that nothing bad will happen. And, statistically, it don't. But sometimes it does.
As they say, snow happens.
Merv
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