Is a construction company liable for damages to my car caused by a rock that a semi kicked up while pulling out of the site?

Asked on August 31, 2015 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They are only responsible for the damage if they were "at fault," and they'd only be at fault if it occured because the driver was driving carelessly e.g. was peeling or speeding out of the site too fast, and that's why the truck kicked up the rock or because the driver deliberately damaged your car e.g. deliberately drove over rocks near your car to kick them up at you, because you and he had a dispute earlier. Unless the driver did something wrong, neither he nor his employer would be liable if it was just happenstance that it occured, they are not responsible for the damage. 


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